TERMS & CONDITIONS: PLEASE READ FOR IMPORTANT AUCTION INFORMATION BearCreek Estate & Auction Services Deanna Martin, Auctioneer, NCAL #9743 Please take the time to read the following set of terms and conditions for the online auction. If you intend to register the following items will pertain to you. 1) AGENT: Bear Creek Estate & Auction Services and all staff (Auctioneer/Company) is acting as agent of the Seller and at no time acting on behalf of the Buyer. The Auctioneer reserves the right to bid on items on behalf of the Seller as permissible by the Uniform Commercial Code. 2) AUCTIONEER’S DISCRETION: BearCreek Estate & Auction Services has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of BearCreek Estate & Auction Services or the Seller. 3) SERVER & SOFTWARE TECHNICAL ISSUES. In the event there are technical difficulties related to the server, software or any other online auction-related technologies, BearCreek Estate & Auction Services and the Seller reserve the right to reopen auction, extend bidding, continue the bidding or close the bidding. Neither the company providing the software/bidding platform services, BearCreek Estate & Auction Services or the Seller shall be held responsible for a missed bid, erroneous notification of bids won, nor the failure of the software to function properly for any reason. BearCreek Estate & Auction Services may send email notifications to registered Bidders with updated information as deemed necessary. 4) AGE & REGISTRATION: All bidders must be at least 18 years of age or older and registered to participate in the auction. Please provide Name, Address, Phone and Email address. 5) BIDDER RESPONSIBILITIES: Bidder responsibilities include but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for any and all activity involving their account. When using the website, you must obey any and all local, state, and federal laws. Violations will result in termination of website use privileges. We gather aggregate information from the website, which may include but is not limited to: the number of page visitors, most visited pages, and any and all correspondence. 6) INSPECTION: The Auctioneer/Company is not responsible for any missing or incorrect listing information. Auctioneer/Company has attempted to provide accurate descriptions; however, it is the Bidder’s responsibility to conduct any inspections to determine the condition and feasibility of the Bidder’s intended use. Descriptions provided by Auctioneer/Company are provided in good faith and are matters of opinion. It is automatically acknowledged by registering that you have either personally inspected the item(s) being sold, hired an agent to inspect the item(s) being sold, or waived your right to inspect the item(s) being sold. Placing a bid creates a contractual agreement to purchase the items being sold at the high bid price plus a Buyer’s Premium and any additional fees including shipping 7) All Items are being sold AS IS, WHERE IS without warranty, expressed or implied. ALL SALES ARE FINAL, NO RETURNS/REFUNDS. 8) ACCEPTANCE OF BID PRICES: All bids are subject to Seller confirmation. Any and all inspections that a Buyer may want must be completed at the Buyer’s expense prior to the end of the auction. Auctioneer/Company reserves the right to sell to the next highest qualified Bidder if the winning Bidder is in default of these terms. In the event that you find yourself as a Bidder in default, you will be black-flagged as a NON-PAYING BIDDER and not allowed to participate in any further Bearcreek Estate & Auction Services auctions, or those of any participating software partner. 9) OUTBID NOTIFICATION: During this auction process, there is a chance that you will be out bid. At that time you will receive an outbid notification. The bidding software will notify bidders by email or when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections and speed, sometimes email notifications can be delayed. We are not responsible for failure of any part of the bidding process or internet bidding. 10) POSSESSION: Bidder is solely responsible for items purchased immediately following your winning bid, and for the safe and timely pickup of all items you win during the auction. Auction staff is not available to help with moving, dismantling or loading items. Please bring your own packing material, moving equipment and help. 11) WINNING BIDS: When you are the winning bidder on an item, you have legally entered into a binding contract and will be obligated to pay for that item. 12) DEPOSIT and PICKUP: For vehicle auctions, a $2000 NON-REFUNDABLE deposit will be required within 24-hours post auction. The balance and pickup will be required within 10 days post auction. 13) PICK-UP: Anyone entering the pick-up site is doing so at their own risk. The sellers nor Auction Company/Staff assume any responsibility for your safety during the removal period. 14) PAYMENT, FEES and TAXES: All items must be paid for in full prior to removing from auction site. We accept cash, Cash App, Venmo, credit and debit cards (a 3% convenience fee will be charged for credit/debit card charges). Sorry, no checks (no exceptions). There is a 10% Buyer’s Premium added to all final bids. A 7% Sales Tax will be added to all final bids and Buyer’s Premium on non-titled items. Payment is not automatically charged at end of auction. Payment is due at time of pickup or prior to shipping. 15) GUARANTY AGREEMENT: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment in full to Iron Horse Auction Company, Inc. 16) AUCTION BIDDER AND/OR BUYER DEFAULT: The Successful Bidder and/or Buyer not attempting to settle their invoice within the terms expressed will be considered in default and will be black-flagged in our database as a Non-Paying Bidder. Auctioneer/Company reserves the right to sell to the next highest qualified Bidder and/or Buyer in the event the successful high Bidder and/or Buyer does not comply with the terms of the sale. By bidding on the items in the auction, the Buyer agrees to all terms and conditions set forth. By registering and placing a bid, you agree that if you happen to become a Default Bidder or Non-Paying Bidder, Auctioneer/Company has the right sell your item to the next highest qualified Bidder at a price lower than the auction high bid price. 17) LEGAL INTERPRETATIONS: The laws of the State of North Carolina and the United States shall interpret this document. 18) DISPUTES: By registering in this auction, the bidder consents that any and all causes of action resulting from this auction shall be heard in the General Court of Justice of Richmond County, North Carolina as the sole and exclusive venue. 19) FOREIGN BIDDERS: The Auctioneer may disregard any bid and the Auctioneer may set aside any sale to a bidder who is not domiciled in the United States unless such bidder irrevocably appoints an agent for service of process in the United States to the satisfaction of the Auctioneer. The Auctioneer must receive notice of such appointment within 24 hours after the conclusion of the bidding. 20) AUCTION CANCELLATION: Bid Rejection: Auctioneer/Company reserves the right to reject any and all bids for any reason. Auctioneer/Company reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding even if a bid has been placed.