1. WARRANTIES: THE HIGHEST BIDDER ("BUYER") AGREES THAT EACH ITEM OF PROPERTY IS SOLD "AS IS", "WHERE IS" NO WARRANTIES EXPRESSED OR IMPLIED OF ANY KIND, NATURE OR DESCRIPTION INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, CONDITION (WHETHER OR NOT DISCOVERABLE), USABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AS TO BRAND, IDENTITY OR QUALITY OF THE UNIT, MATERIALS, COMPONENTS, OR WORKMANSHIP. THERE IS NO REJECTION OR REFUND. BUYER WARRANTS THAT HE/SHE HAS INSPECTED THE ITEMS ON WHICH HE/SHE HAS BID, AND THAT THE ITEMS ARE SATISFACTORY TO THE BUYER BASED ON BUYER’S OWN INSPECTION. BUYER ACKNOWLEDGES THAT THE FAILURE TO INSPECT PROPERTY PRIOR TO SUBMITTING THE HIGH BID SHALL BE DEEMED “ACCEPTANCE” OF THE GOODS, AS THAT TERM IS DEFINED UNDER THE UNIFORM COMMERCIAL CODE.
2. INSPECTION: The Buyer relies exclusively on a PRE-AUCTION PERSONAL INSPECTION of the PROPERTY and not on any other representations, advertisement, catalogs, or other documents made by Seller or Auction. Inspection may be conducted Monday - Friday 8AM to 5PM.
3. EXPORT COMPLIANCE: You acknowledge and agree that certain property may be subject to the export control laws and regulations of the United States, including but not limited to the Export Administration Regulations (EAR), the International Traffic in Arms Regulations, and regulations of the U.S. Department of Treasury, Office of Foreign Assets Controls. You agree you will comply with all applicable export laws and regulations.
4. RISK OF LOSS: The Buyer takes delivery, assumes full responsibility and all risk of loss for said property, including but not limited to, loss from accident, theft, vandalism, fire, lack of security, malicious mischief, flood, windstorm, earthquake, lightning, and all ACTS OF GOD from the time the Auctioneer accepted the offer (highest bid) of the Buyer.
5. DEPOSITS: A $1000 deposit is required prior to the auction in order to receive a bidder card and bid during the auction. If you are paying for your deposit with a wire transfer a $1,000 deposit must be received by wire transfer no later than 3:00 p.m. the day before the auction. If you are not the successful bidder, your deposit will be refunded to you. For complete wiring instructions and any questions, please call 817-306-1880.
6. SETTLEMENT: THE UNITED STATES AND STATE LAWS AND PENALTIES FOR A FAILURE TO SETTLE AND PAY SHALL APPLY. The Buyer agrees to make complete settlement on all purchases immediately after the conclusion of the auction on this date in Bank Certified Cashier's Check or Wire Transfer. CASH, PERSONAL OR BUSINESS CHECKS, AND SIGHT DRAFTS ARE NOT ACCEPTED. Please Note: a transaction fee equal to 1.5% of the purchase price will be added to every auction purchase.
7. EQUIPMENT REMOVAL: The Buyer agrees to remove the purchased property from this auction location as stated on the Auction Invoice. Should Buyer fail to so remove the purchased property within the 10 days following the auction, storage fees will begin to accrue at the then daily storage rate. Further, Auction or Seller may hire a transport and storage Entity to remove and store said property, and all charges for such shall be the responsibility of, and paid by the Buyer. The Buyer agrees to indemnify and hold harmless Seller, Auction and its agents against all damage, liabilities, or claims or causes of actions arising out of said removal and storage. In addition to damages, interest, specific performance and/or other remedies at law, Buyer agrees that Auction has the absolute right to repossess this purchased property until Buyer pays in good funds in full.
8. TAX, LICENSES: ALL SALES ARE SUBJECT TO THE SALES TAX AND/OR OTHER APPLICABLE TAX LAWS. Buyer is responsible for government issued licenses, safety and/or inspection certificates and agrees not to use any identification, trade name, licenses and/or certificates authorized to or used by the Seller.
9. CERTIFICATE OF TITLE INFORMATION: Truckcenter.com accepts delivery of the State issued CERTIFICATE OF TITLE properly executed, with recorded liens thereon properly released, and forwards said TITLE to the Buyer via Certified U.S. Mail or equivalent as follows: If buyer pays by Bank Cashier's Check, Bank Wire, or equivalent, the Title will be mailed within twenty (20) working days or as required by State law.
10. INSURANCE: THE BUYER HAS FULL LIABILITY INSURANCE ON SAID PROPERTY PURCHASED AS REQUIRED BY LAW.
11. REVOCATION, REJECTION OF BIDS: THE AUCTIONEER RESERVES THE RIGHT TO REVOKE ANY BID NUMBER AT ANY TIME AND TO ACCEPT OR REJECT ANY OR ALL BIDS.
12. VERIFICATION: Due to increased enforcement of the Financial Privacy Act, banks have adopted restrictive guidelines to verifying funds; therefore your purchases will be subject to verification and you may not receive immediate possession of your purchases.
13. TECHNICAL PROBLEMS: We do not guarantee or promise that our system for placing, receiving, collecting and tabulating bids on internet auction or sealed bid sales will be available without interruption, error-free or free from other defects. We do not guarantee or promise that our system for searching for property will be available without interruption, error-free or free from other defects. We have no obligation to ensure that a prospective Buyer's bid is received, properly and effectively processed or accepted. WE ARE NOT LIABLE TO ANY PROSPECTIVE BUYER ON ANY CLAIM OR ALLEGATION THAT THE PROSPECTIVE BUYER'S BID WAS NOT RECEIVED, PROPERLY AND EFFECTIVELY PROCESSED OR ACCEPTED DUE TO TECHNICAL ERRORS OR PROBLEMS WITH THE INTERNET AUCTION SYSTEM OF THIS WEBSITE. If any questions arise as to a bid price at which lots have been sold our record of the sale will in all cases be deemed to be final.
14. DISPUTES: Buyer agrees to submit any dispute regarding the property, the conduct of the sale, or any other claim in writing to the Management of Truckcenter.com at the company’s office: 1121 Cantrell Sansom Road, Fort Worth, TX 76131, Fax number (817) 230-0100, prior to filing any claim or petition. Buyer agrees that the exclusive venue and jurisdiction for any claims shall be in the state or federal courts of Tarrant County, Texas. The choice of law shall be the laws of Texas, except for such choice of law statutes that would substitute the law of another jurisdiction.
15. LIMITATION OF LIABILITY: You agree that in the event that Truckcenter.com is unable to deliver the item or items for which you were deemed the high bidder, that the sole remedy available to you will be the reimbursement of monies paid to Truckcenter.com for the item(s) not delivered (i.e., a refund). You will not be entitled to restitution, incidental, consequential, special damages or specific performance.

AUCTION PROCEDURE
Prior to the auction, all prospective buyers are required to register. Please listen closely to the announcements made by the auctioneer. The auctioneer may alter or add to these terms and conditions via the announcements and buyer agrees to be bound by such supplemental terms and conditions as are announced by the auctioneer.
Full settlement must be made immediately after the conclusion of the auction.
No equipment is to be removed from the auction site until full settlement is made.
The equipment may be inspected at any time.

Please refer to the auction terms of sale above.