PERSONAL PROPERTY

TERMS AND CONDITIONS OF AUCTION SALE

Flusche Auction Company., Inc. -  Herein known as Auctioneer

Don Flusche, Texas Auctioneers License No. 6916

This firm is licensed and regulated by the Texas Department of Licensing and Regulation.  If you have a complaint it should be directed to Texas Department of License and Regulation - PO Box 12157 - Austin, TX 78711.

REGISTRATION:  All buyers must register at the Auctioneers office prior to bidding.  Proper identification and credit information is required.  Bidder number must be visible to participate in bidding.

PAYMENT - TERMS OF SALE - RECEIPT:  Full payment must be made on date of auction before the buyer leaves the premises.  Payment for purchases must be made by cash, cashier's, personal or company check.  Make checks payable to Auctioneer, accompanied by a bank letter guaranteeing payment of such check(s) for this particular sale and proof of identity.  No letter of guarantee for other sales will be accepted for payment.  Auctioneer reserves the right to accept or reject payment by credit card for property.  Failure to comply will result in purchases being held until proof of good funds is furnished.  Receipt of purchases will be furnished to Buyer at completion of sale and must be authenticated by the check-out person before Buyer will be permitted to remove purchases from the sale premises.  The record of sale kept by Auctioneer shall be taken as final in the event of any dispute.  Title and Titles will be transferred after payer's method of payment has been cleared with the bank the funds were drawn on and the funds are deposited in the Auctioneers Escrow/Trust Account.  No Exceptions.

AUCTIONEER AND OWNER DISCLAIMER:  Descriptions of property advertised, catalogued or described by Auctioneer are believed to be correct.  Nevertheless, neither those descriptions nor any oral statements made by Owner, Auctioneer, their Agents or Employees concerning any property shall be construed as a warrant, either expressed or implied.  All property is sold as is, where is, in place and with all faults known or unknown, without warranty, expressed or implied.  Further there are no warranties for merchantability in regards to OSHA safety, State, Local and Federal requirements for safety, sheilds, guards or activating mechanisms.  Bidder is buying for his personal usage.  Auctioneer is acting as agent only for the Owner and as such is not responsible for statements, actions, title, condition, fitness or usability of property, delivery, or for acts of principal(s).  The Bidder is encouraged to inspect and examine all property thoroughly prior to bidding.

REMOVAL OF PURCHASES - RESALE:  Merchandise becomes the full responsibility of  Buyer  when declared sold by Auctioneer.  Buyer assumes all risk of loss and damage to property while it remains on the sale site and thereafter.  Property may remain on the sale premises for an allotted time as announced by Auctioneer at the sale and/or stated in writing in the Buyers Guide* (*if furnished).  Auctioneer reserves the right to resell any property not picked up by the allotted time frame or any property not paid for in full on sale day.  The Buyer shall be responsible to Auctioneer for any expenses of resale, removal and collection and any damages.  Errors in estimates of inventory will be adjusted prior to the removal of property, if prior to deadline date of allotted time, and absolutely must be verified by check-out person.

BIDDER DISPUTES AND RESERVE RIGHTS:  The Auctioneer shall designate the Buyer after each property is auctioned.  If a dispute arises between bidders, the Auctioneer reserves the right to reopen bidding, his Buyer designation shall be final.  The Auctioneer reserves the right to group, reduce, add to or delete lots at his sole discretion.  The Auctioneer and Owner are not responsible for property advertised, that is missing or deleted.  The auction of property is "with reserve" unless the Auctioneer specifically states a property is being sold "without reserve".  The Auctioneer, Owner, Consignor or Agent thereof, reserves the right to bid.  The Auctioneer or an Agent may bid on Behalf of Absentee Bidders.  Further, the Auctioneer reserves the right to accept or reject any or all bids.

INJURY AND DAMAGES:  Bidder acknowledges responsibility for any personal injury or property damage to Bidder or his agent, incurred on sale premises, and further agrees to hold Auctioneer, his Agents or Employees harmless for damages or missing property being held on sale site.

DEFINITIONS:  Property, means any personal or real property put up for bid.

PLEASE NOTE:  All Bidders and others attending agree they have read and fully understand the above Terms & Conditions of Auction Sale and hereby agree that the terms listed herein shall govern this Auction Sale.  Bidding at the Auction constitutes consent and agreement with the above.