Auction Terms and Conditions We reserve the right to change terms and conditions without notice. By registering, bidding, or continuing to use this site in any way, you are agreeing to all terms and conditions of Auction. (Please read Terms and Conditions for EACH auction, as they may vary. By registering and bidding, you are entering into a contract with Martindale Auction Services and you agree to the terms and conditions of the auction whether you choose to read them or not. AUCTION TITLE: Fulshear Living Estate & Consignments Online Only *All items located at our warehouse in Alvin, TX ADDRESS: 1306 W. Sealy Alvin, TX 77511 AUCTION DATES: AUCTION PREVIEW & INSPECTION: Monday, July 16 from 11:00 AM to 6:00 PM 1306 W. Sealy, Alvin 77511 Bidding Ends: TUESDAY, July 17, 2018 STARTING AT 6:00 PM CST PICK UP: By appointment on Wednesday or Thursday, July 18 or 19 ONLY Please TEXT or call (832) 221-6556 to schedule an appointment. * Please, no children under 16 years of age. NO SHIPPING. --- NEW PAYMENT METHOD --- All credit cards will be process at the end of the auction, if you preffer to pay by cash please let the auctioneer know before the end of the auction. ( ** Please bring your own boxes and packing supplies, dollies, carts, tools & labor to remove large, heavy items**) PLEASE PLAN TO BRING MATERIALS TO PROTECT and PACK YOUR PURCHASES, AS THERE ARE NONE ON SITE! 1. 13% B.P. Payment is due at the end of the auction by Cash, or Credit Card (Visa or MC, Amex, Discover Card) or other guaranteed funds. Wire transfer or other certified funds required for total purchases over $2,500.00 Sales tax is 8.25% for this auction and will be added to Texas buyers that do not have a Sales Tax exemption or Resale Tax exemption form on file. Applicable sales tax for auctions conducted on-site may vary. Check specific auction details for applicable tax rate (available at http://www.martindaleauction.com/resources_news_and_related_links). Buyer must submit tax exemption form to Auctioneer for EACH auction BEFORE close of auction to avoid sales tax being charged. Failure to do so will result in sales tax being charged. No adjustments will be made. 2. All absentee and online bids must be secured with a credit card number prior to auction. If you are the highest bidder when absentee bidding closes, Martindale Auction Services will contact you to secure a Credit Card number if our on-line bidding server has not already done so. If we cannot reach you by e-mail or telephone before auction day, we will NOT execute your absentee bid. Payment must be in the form of CREDIT CARD ONLY for Absentee Online bidding. The same credit card Buyer used to register will be the card charged. No checks will be accepted. Invoices will be emailed within 24 hours of the conclusion of Auction. Local buyers may pay for purchases at the time of pickup by cash or credit card. NO SHIPPING. 3. Removal time is enforced. Please bring along your e-mail "PAID" receipt for items to be released. Any person previewing on location will be responsible for any breakage/damage to the items and for their own safety. Please, NO CHILDREN UNDER 16 YEARS OF AGE. 4. Auctioneer reserves the right to set bidding increments. If auction catalog is used in conjunction with a live auction, it is possible due to competitive bidding increments that a lot could be sold to a person on the floor at or below your maximum bid amount. While every effort is made to execute and honor absentee and phone bids, the auctioneer is not responsible for failure to execute a bid. All bids are time stamped. In case of identical bids, the first bid received will take precedence. Item ownership is conveyed immediately following the fall of the auctioneer's hammer. While we try to handle and store all items with great care, we will have no liability for any loss or damage to an item after the hammer has fallen. 5. MAS reserves the right to accept or refuse any bid or service to anyone not in the best interest of the seller. All merchandise sold "AS-IS, WHERE-IS," no warranties are expressed or implied. All sales are final. No returns, refunds or exchanges. Merchandise is sold to the highest bidder. Bidder agrees not to reverse credit card charges for any reason. 6. Any descriptions are intended as merely a guide. Although auction information has been obtained from sources deemed reliable, the auctioneer and sellers make no warranties or guarantees expressed or implied as to the genuineness, condition, usefulness, authenticity of, or defect in any item in the auction or the accuracy of information contained herein or announced by the auctioneer. Absence of any such description does not imply the lot is free from defect. By bidding, you signify that you have either closely examined the items, have chosen not to examine them, or have hired an independent agent to examine the item(s) for you. 7. We cannot and will not guarantee uninterrupted access to the Web site or its services or content and cannot and will not guarantee an absence of any errors or malfunction of software, hardware, Internet, servers, content or other related components of the services in regard to your use of this site. Your use and/or continued use of this site shall constitute an agreement that you will hold completely harmless, defend, and indemnify Martindale Auction Services and its agents or representatives from any and all claims arising out of the use of this site in any capacity; and expressly limits Martindale Auction Services' liability to you to $100. MAS reserves the right to cancel any transaction even if you have received email confirmation. (Bidder is reminded to follow any applicable instructions on the Auction Host Web site regarding "refreshing" screen to view high bids, time remaining, extended bidding, etc. Failure to follow instructions may result in inaccurate and untimely information on Buyer's screen.) Should any portion of this agreement be deemed unlawful or unenforceable, it shall be severable and shall not affect any remaining portions of the agreement. 8. Auctioneer reserves the right to add to or withdraw any items. 9. Auctioneer reserves the right to re-open the bidding in the event of a tie bid. Auctioneer in his own discretion shall determine whether a "late bid" was made before the hammer was struck down. The highest bidder will be the Buyer. Auctioneer shall have absolute discretion to settle disputes and to put the lot up again. 10. Any statement made by the Auctioneer or Seller regarding the merchandise should be used as a guideline only, and we will not be responsible for cataloging errors. Any errors in the description does not relieve the Buyer of their responsibilities. Descriptions of gold, silver, or similiar may refer to a description of color only. Description of style or period may refer only to a similiarity to a particular style or period. A description of antique or vintage may refer to an appearance of age and an undetermined manufacture date. All furniture items are pick up only. Winning "absentee bidders" must make arrangements to remove their purchases within the enforced pick up dates, and credit cards will be processed immediately after auction ends. Items not removed within the STRICTLY ENFORCED pick up period will be deemed ABANDONED. Please bring along your email receipt for items to be released. 11. Buyers assume all responsibility for removal, loading, transportation and handling of their purchases. Buyers accept full responsibility for all costs and liability incurred for removal, included but not limited to the items and their person and any damage or loss to premises suffered as a result of removal of purchases from the premises of Auctioneer or Seller by Buyer or their agent acting on their behalf. All persons attending preparation, inspection, sale, or removal of merchandise assume all risks whatsoever of damage or loss to person or property and any and all premises upon which Buyer or Buyer's agent attend for preview/inspection and pick up or removal of items, and specifically release Auctioneer and/or Seller from all liability therefor. The Auctioneer and/or Seller shall not be liable for any reason of any defect in or condition of the merchandise or premises in which the sale is held. 12. Packaging and Shipping are the responsibility of the BUYER solely. Arrangements made with by Buyer and are independent of the Auctioneer and are between the Buyer and shipper ONLY. 13. Auctioneer or Agent reserves the right to bid on behalf of the Seller. 14. In the case of vehicles, Seller specifically disclaims any warranties as to the physical and mechanical condition of the automobile. Buyer acknowledges that he has inspected the automobile and is purchasing it "as is" "where is" with no warranty expressed or implied. Buyer agrees to assume all responsibility and risk for inspection, sale, removal, and operation of said vehicle. Upon the funds clearing, Seller will deliver to Buyer the certificate of title to the automobile, properly endorsed. Buyer must show proof of liability insurance. The purchase price of the automobile does not include any sales or use tax. Buyer acknowledges that payment of these taxes is his obligation and he shall file all required tax returns with and remit all taxes due to the appropriate tax authority immediately after the closing. Buyer shall file the certificate of title to the automobile with the appropriate state official and register the automobile in his name, all at Buyer's sole cost and expense, immediately following the closing. 15. In the case of any firearms, all FFL laws and regulations will apply. UNDER NO CIRCUMSTANCES ATTEMPT TO BID ON A FIREARM IF YOU ARE PRECLUDED FROM DOING SO. Guns will not be shipped. Ammo will not be shipped. Bidder assumes all responsibility for knowing and abiding by all applicable federal and state laws and regulations in regard to owning or possessing firearms, ammo or other related items BEFORE BIDDING. Failure to do so will result in cancellation of all bids by that Bidder and Bidder will be banned from all further auctions. Buyer is responsible for paying application fees and transfers to FFL dealer, if applicable. Any used firearm should be inspected by a competent gunsmith for function and safety before attempting to fire. Do not fire ammunition of unknown origin. Firearms and ammunition included in auction are sold strictly for salvage of components or as a collectible. AMMO WILL NOT BE SHIPPED. * IMPORTANT INFORMATION. PLEASE NOTE: All firearms are being offered for Seller in cooperation with The Arms Room, 3270 Gulf Freeway South, Dickinson, Tx. All FFL regulations and law will apply! Please do not bid if you are precluded from owning a firearm for any reason. Buyer's who fail to pass background check will NOT be entitled to a refund. Successful Buyers will pay an additional transfer fee of $25 per firearm to The Arms Room upon pick up. (Preview arrangements may be arranged through The Arms Room during regular business hours.) 16. Announcements made sale day supersede written announcements. 17. Auctioneer is licensed by the State of Texas #16230 and managed by the Texas Department of Licensing & Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-5522 without implication of endorsement by the State of Texas. THANK YOU FOR YOUR BUSINESS! WE APPRECIATE YOU! We welcome quality consignments! visit www.martindaleauction.com

Flushear Living Estate & Consignments Online Only