Bunyard - Late Model Farm Machinery Auction

PERSONAL PROPERTY TERMS

LIVE BIDDING



PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING

IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS PLEASE DO NOT BID

BY BIDDING ON THIS AUCTION, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE ITEM(S) UNDER THE FOLLOWING TERMS AND CONDITIONS:

CATALOG: Aumann Auctions has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All lots are sold AS-IS, WHERE-IS, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion.

PAYMENTS: All sales are final. All accounts must be settled at the conclusion of the auction. No credit card charge backs will be allowed. We accept Cash, Checks, Visa and MasterCard ONLY. Your credit card will be charged for your purchases, plus a 5% Credit Card Fee, plus any applicable taxes. Note: Checks may be processed the day of the auction; be sure to have adequate funds in your account. Each transaction necessary to collect insufficient funds will have a $25 fee imposed in addition to the liability of the Default of Buyer below.

SELLER: Gary Bunyard, Vandalia, IL

DEFAULT OF BUYER: Successful bidder not paying for items at the end 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 Aumann Auctions, Inc. 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 Aumann Auctions, Inc. and 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 Aumann Auctions, Inc. In addition, Aumann Auctions, Inc. 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 Aumann Auctions, Inc. in the collection of funds. The purchaser also agrees that a storage/handling fee of 2% per month be added to the balance of any unpaid balance due Aumann Auctions, Inc. and any other costs or losses incurred by the Buyers failure to adhere to these terms. Any debt collection or dispute proceedings will be litigated or arbitrated in Montgomery County, Illinois at the option of both the Seller and Aumann Auctions, Inc.

Both the Successful Bidder and Seller shall indemnify Aumann Auctions, Inc. for and hold harmless Aumann Auctions, Inc. from any costs, losses, liabilities, or expenses, including attorney fees resulting from Aumann Auctions, Inc. 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.



CONDUCT OF THE AUCTION: Conduct of the auction and increments of bidding are at the direction and discretion of Aumann Auctions, Inc. Aumann Auctions, Inc. reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. All decisions of Aumann Auctions are final.

Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between yourself and both Aumann Auctions, Inc. and the Seller and that you, as the Bidder, are prepared to purchase items under these terms and conditions.