TERMS & CONDITIONS OF (BUYING THROUGH EQUIPMEN

Other

TERMS & CONDITIONS OF (BUYING THROUGH EQUIPMEN

Used

2.4

Exhibit A The Seller of the item, by and through the auctioneer, is hereafter referred to as Seller and the successful purchaser is hereinafter referred to as Bidder. Bidder accepts the item purchased (hereinafter referred to as Property) by being the successful bidder at auction subject to the following: A. Bidder is accepting the property as is, where is and with all faults, including latent defects, including non-working, out of repair, broken and/or defective parts. B. Seller does not and has not made and specifically disclaims any warranties or representations of any kind or character, expressed or implied, with respect to the property, (except those set out in the warranty of title, if any) including, but not limited to: tax consequences; physical or environmental conditions; operating history; valuation; governmental approvals, governmental law and/or regulations; things relating to or affecting the property, including, without limitation: 1) The value, condition, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose of the property. 2) The manner or quality of the construction or materials incorporated into any of the property. 3) The manner, quality, and/or state of repair or lack of repair of the property; and 4) The performance of the work on the property C. Bidder accepts the property solely based upon bidders inspection, testing and/or sole judgment after bidder inspected the property for whatever purpose deemed necessary or appropriate by bidder and bidder has satisfied him/her/itself in reference to same. D. Bidder has not relied upon, either directly or indirectly, on any representation or warranty of seller or any agent of seller. E. Bidder represents that: 1) Bidder is a knowledgeable purchaser of auction items, or if not, then bidder has hired knowledgeable person(s) to assist buyer in the examination, inspection and purchase of the property. 2) Bidder is relying solely on bidders own expertise and inspections in purchasing the property; or the expertise and inspections of the experts hired by buyer upon which buyer is solely relying as to the condition of the property. 3) Bidder has conducted such inspections and investigations of the property as bidder deems necessary, including, but not limited to, the physical and environmental conditions thereof and relies solely on same. F. There are not any oral agreements, warranties and/or representations, collateral to or affecting the property by seller, any agent of seller or any third party. G. The terms and conditions of this exhibit will expressly survive the closing, not merge with the purchase. H. Bidder further acknowledges and agrees that the provisions of this paragraph were a material factor in the determination of the purchase price of the property. I. As part of the consideration in the purchase of the property, bidder waives any causes of action, claims, and/or damages buyer could claim against seller in the future and waiving the discovery rule. J. Additional disclosures provided by the auctioneer also apply to the purchase of the property. k. Bidder accepts that the purchase is final, not subject to any returns.