AUCTION TERMS AND CONDITIONS: YOU MUST READ, UNDERSTAND AND
AGREE TO THE FOLLOWING TERMS TO PARTICIPATE IN THIS AUCTION. NO
EXCEPTIONS
DALTON APPRAISALS AND AUCTIONS
SHAUN DALTON Auctioneer AL5407
ONLINE BIDDING BEGINS WEDNESDAY AUGUST 26, 2020 at 10AM and will END on
FRIDAY AUGUST 28, 2020 at 10AM
This is a SOFT CLOSE AUCTION. If someone bids on an item in the last minute of
bidding, the item will automatically EXTEND by 2 minutes.
ALL VEHICLES MUST BE PAID FOR WITHIN 48 HOURS OF AUCTION END.
Hurst Towing nor Dalton Appraisals and Auctions DOES NOT guarantee the purchaser
a title to any vehicle.
The title could be a rebuilt title, salvage title or regular title, Hurst Towing just furnishes
the paperwork.
ALL PAPERWORK WILL COST $65.00 OVER AND ABOVE THE PRICE OF THE
VEHICLE.
Abandoned vehicle paperwork will be ready in one week from the date of sale.
Bill of Sale will be made out ONLY to the name of the winning bidder at the time of sale.
Grammatical errors or mistakes will be worked out between Hurst Towing and the
winning bidder.
If the owner of the vehicle has signed over the Title, we will give you the Title upon
payment.
All vehicles must be removed within 3 business days from sale date unless other
arrangements have been made.
Hurst Towing is not responsible for furnishing any keys to any vehicle. If we have keys,
we will give them to the winning bidder upon payment.
All sales are final and purchased AS-IS, WHERE-IS.
Hurst Towing does not make any guarantees or promises as to the condition of the
vehicle.
All bidding starts at $300
1. TERMS OF PAYMENT.
At the close of the lot, the high bidder will have purchased the offered lot.
ALL PAYMENTS ARE TO BE MADE DIRECTLY TO HURST TOWING AND
RECOVERY.
All sales are final upon the closing of the lot. The purchase is subject to all terms and
conditions set forth herein.
The purchaser assumes full responsibility thereof.
The purchaser further agrees to pay the Total Amount Due within 48 hours after closing
of the lot. Title to items do not pass until payment has been made in full.
YOU MUST PAY FOR ALL VEHICLES YOU WIN THE BIDDING ON. IF YOU ARE THE
WINNING BIDDER ON MULTIPLE LOTS, YOU CAN NOT PICK AND CHOOSE WHICH
ONES YOU PAY FOR. ALL SALES FINAL. BIDS ARE A BINDING CONTRACT. DO
NOT BID IF YOU DO NOT UNDERSTAND
2. PICK UP: Items may be picked up during normal business hours. PLEASE CALL
FIRST BEFORE COMING TO PICK UP VEHICLE. NO WEEKEND OR LATE
APPOINTMENTS FOR PICKUP ACCEPTED.
3. TERMS & CONDITIONS OF SALE.
The following conditions of sale make up the entire terms and conditions by which items
listed by Dalton Appraisals and Auctions will be sold. All bidders who participate by
bidding in this auction agree to the terms and conditions of sale and are bound by
same. Any notices, posted or oral, during the sale, are also part of our terms and
conditions of sale agreement. Acceptance of a bidder card, bidder number, or online
registration constitutes acceptance of these terms and conditions. THE AUCTIONEER
IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT
NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT.
4. BUYER'S PREMIUM AND SALES TAX.
No buyers premium or sales tax on this auction.
5. METHOD OF PAYMENT.
Payment will be made directly to Hurst Towing and Recovery BEFORE removing any
vehicles from the lot. Cash or credit cards accepted.
6. NONPAYMENT.
Ownership does not transfer to buyer until funds have been confirmed as received by
Hurst Towing
7. WITHDRAWAL.
Seller reserves the right to withdraw any property from the auction prior to the
completion of the auction sale.

8. PROTESTS, DISPUTES AND THE AUCTIONEER
BCK Auctions reserves the right to reject any bid from any bidder. The highest bidder,
acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole
and final discretion as to the disposition of any dispute including the re-offer and resale
of any article in dispute. Dalton Appraisals and Auctions records will be deemed
conclusive in all respects in the event there is any dispute after the sale.
9. FAILURE TO DELIVER PURCHASER'S PROPERTY.
If Dalton Appraisals and Auctions is prevented by fire, theft, or any other reason from
delivering any property to the purchaser, Auctioneer's liability shall be limited to the sum
actually paid by the purchaser and there shall be in no event any additional incidental or
consequential damages.
10. CATALOG AND OTHER DESCRIPTIONS.
All statements by Dalton Appraisals and Auctions in the catalog for the property or in the
condition reports, or made orally or in writing elsewhere, are statements of opinion and
are not to be relied upon as statements of fact. Dalton Appraisals and Auctions
attempts to catalog and photograph every lot correctly and will attempt to point out all
defects but will not be responsible or liable for the correctness of the catalog, other
descriptions or visual depiction of any lot. Sizes and weights are approximate. The
absence of any reference to the condition, and/or Buyer's inability to see every detail of
a lot in the catalog and photographs, does not imply that the lot is in perfect condition or
completely free from wear and tear, imperfections or the effects of aging. Estimates of
the selling price should not be relied upon as a statement of value for which the item will
sell or its value for any other purpose. Neither Dalton Appraisals and Auctions
nor the Seller is responsible for any errors and omissions in the catalog or any
supplemental material.
11. BUYER'S RESPONSIBILITIES.
You, as a prospective Buyer, are responsible for personally examining or otherwise
insuring satisfaction with all lots, in which You have an interest. By placing a bid, You
signify that You have examined, or otherwise insured Your own satisfaction with the lot
as fully as You desire; or that You have chosen not to examine, or otherwise insure Your
satisfaction. If You require absolute certainty in all areas of authenticity, condition, etc.,
and the results of Your examination and/or other investigation leave uncertainty in Your
mind, Dalton Appraisals and Auctions recommends You have an independent expert
examine the lot for You.

12. GUARANTEE.
All property offered for sale is AS-IS WHERE IS. ALL SALES ARE FINAL. THERE WILL
BE NO REFUNDS AND NO EXCHANGES. Neither Dalton Appraisals and Auctions
NOR Seller makes any guarantee or make warranties, written or implied, on any lot
sold. Descriptions in the catalog are an opinion. They are written as an aid to potential
bidders. Dalton Appraisals and Auctions acknowledges that there may be errors in what
is written. It is recommended that you personally view any item you bid on or have an
acknowledged expert view the item. Statements regarding condition are opinions, not
statements of fact nor guarantees. Items offered for sale as described in the catalog or
any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period,
culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition,
or physical condition are qualified statements of opinion and not representations or
warranties. No employee of Dalton Appraisals and Auctions or any person purporting to
act on their behalf is authorized to make, any representation or warranty, oral or written,
with respect to any lot or item for sale.
13. ABANDONED LOTS.
Any item that is not paid in full and picked up by the buyer within 10 days will be
considered abandoned, unless prior arrangements are made with Dalton Appraisals and
Auctions
or Hurst Towing. Once an item is considered abandoned, there will be no refunds given
to the buyer and the item will be disposed of in any manner deemed appropriate by
Dalton Appraisals and Auctions and Hurst Towing. Disposal fees may be assessed as
needed.
18. DISPUTES UNDER THIS CONTRACT.
Purchaser and Dalton Appraisals and Auctions agree to mediate any dispute or claim
arising between them resulting from the purchaser participating in the auction or any
resulting transaction, with the exception of the failure of the purchaser to make full
payment of the purchaser's obligations to Dalton Appraisals and Auctions. In the event
the purchaser fails to make full payment, Dalton Appraisals and Auctions may, but is not
required to, proceed directly to court. Furthermore, the purchaser and Dalton Appraisals
and Auctions agree that should Mediation be necessary, Mediation fees, if any, will be
borne solely by the purchaser. Purchaser and Dalton Appraisals and Auctions
are required under the terms and conditions of sale to enter into Mediation before
Arbitration or any court action. If a party commences legal action other than Mediation
without giving written notice to the other party, the party so commencing the legal action
will not be entitled to recover attorney's fees even if they would otherwise be allowed in
the action. All mediation, arbitration and court proceedings, whether in state or federal
court, shall be filed and conducted solely within Lauderdale County, State of Alabama,
and not in any other jurisdiction. Should Mediation not settle the dispute between the
parties, the purchaser and Dalton Appraisals and Auctions agree that any dispute or
claim, in law or equity, resulting from the participation in the auction or any resulting
transaction shall be settled in neutral Binding Arbitration utilizing the standards of
American Arbitration Association and must be initiated and carried out in Jefferson
County, State of Alabama. Any bidder or purchaser agrees that the election of restricting
any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or
purchaser's participation in the auction. The purchaser specifically agrees to the
following: I have read the terms and conditions of sale and by my participation in this
sale I agree all disputes arising out of my participation will be first submitted to
Mediation, and if Mediation is not successful in resolving the dispute, I then submit to
neutral binding Arbitration with Dalton Appraisals and Auctions and any other entity
under this contract. No lawsuit shall be filed until a person has in good faith completed
all Mediation and Arbitration proceedings as required hereunder.
19. LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS"
"WHERE IS". NEITHER BCK AUCTIONS NOR THE CONSIGNOR MAKES ANY
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE,
MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE
CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE
OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER
ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN
LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S
MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS
AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR
OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY
BCK AUCTIONS. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE
ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE
PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT
BCK AUCTIONS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT
LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
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Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter
referred to as "Sebae"), provides its service to you, subject to the following Terms &
Conditions ("TAC"), which we may update from time to time without notice to you. The
most current version of the TAC can be found found at any time by visiting the link:
http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form
legally binding contracts under applicable law. Without limiting the foregoing, our
services are not available to children (persons under the age of 18) or to temporarily or
indefinitely suspended members. If you are under the age of 18, you can use this
service only in conjunction with, and under the supervision of your parents or guardians.
If you do not qualify, please do not use our service. If you are registering as a business
entity, you represent that you have the authority to bind the entity to the TAC.
REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form (such information being the "Bidder Information") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete, or
Sebae has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Sebae has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks:
Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, &
webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service
("HWS") under the HiBid trademark as a software solution for auctioneers wishing to
extend the audience of their live auctions to the internet. The HWS provides various
features including internet absentee bidding, internet-only auctions, and webcast
auctions. The HWS is able to changes its appearance to coincide with the website that
it is powering. Accordingly, the HWS powers the www.hibid.com website as well as
numerous Auction Flex customer websites. This ability to change appearance is a
feature of the HWS. Much like internet merchant account providers can host a secure
web page for a vendor to easily process payments, the HWS hosts certain portions of
the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction.
This allows you to place bids on lots without actually attending the auction.
INTERNET-ONLY AUCTIONS
Internet only bidding allows you to place a bid for an item prior to the auction lot closing
online. In an internet-only auction there is no live auction.
WEBCAST AUCTIONS
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids
prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and
conditions which are accessible from each lot's page. It is your responsibility to read and
accept the Auctioneer's terms and conditions prior to placing your bid. When you place
a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions.
By placing a bid you are entering into a legally binding and enforceable contract. Please
keep in mind that you are bidding against other internet bidders as well as floor bidders,
phone bidders, and regular absentee bidders (this list does not constitute a complete list
of bidder types but does highlight the common bidder channels). The auctioneer, at their
discretion, can approve or deny bidders. The auctioneer reserves the right to accept or
deny bidders for any reason. Prior to approval the auctioneer may contact you to
determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will
then process your bid in accordance with their terms and conditions. Should your bid for
a lot prove successful, the auctioneer may contact you to arrange for payment &
shipping (if applicable). If the auctioneer required registration via a credit card, the
auctioneer reserves the right to process your winning bids to the credit card provided
during registration. Sebae, through the Auction Flex & HiBid products & services,
facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in
no way a party to the transaction. Because Sebae is not a party to the transaction, you
accept that you will have no claim or cause of action against Sebae in respect of the
sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of
the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its
officers, agents, employees will not be liable for losses (including, but not limited to, loss
of profits, special loss, indirect loss and consequential los), costs, damages, liabilities,
claims, demands and expenses of any kind arising out of or connected with such
dispute. You also accept that none of the aforementioned are under any obligation to
take any action to resolve any dispute between you and an Auctioneer Sebae is not
responsible for any typographical, pictorial or technical errors in information about Lots
on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act
as a specialist or expert on any related subject matter. Sebae makes no warranties or
representation of any kind or nature with respect to Lots (including but not limited to
representations or warranties as to the accuracy of description, genuineness, quality,
authorship, attribution, provenance, period, culture, source, origin or safety). If you have
any questions, e-mail the Auctioneer directly. In particular, make sure that you
understand the Auctioneer's payment terms and shipping terms.
BIDDING
The Service requires you to login with your username and password prior to placing a
bid on a Lot. Making bids with false information or with stolen credit card information is
prohibited and illegal. Your user name and password are required in order to place
internet bids. Making bids in a false name or with an invalid or stolen credit card is
prohibited. Each bid carries the computer coding of the Internet provider which allows
the individual user to be traced and Sebae may at its discretion release this information
to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove
bids where it suspects that bids contravene this prohibition. By placing a bid, you are
making a binding and irrevocable offer to purchase the Item at any price up to the
maximum bid amount you submit. If you win, you must complete the transaction, subject
to any contractual right or other right at law to rescind the contract in certain
circumstances. Failure to complete transaction without lawful reason is not only a
breach of your contract with the Seller but also a breach of this User Agreement. The
amount bid can be increased but cannot be decreased. The auctioneer may, at their
discretion, allow you to withdraw and resubmit a bid in the case of bids containing an
obvious typographical error. You may forward a request to withdraw a bid and resubmit
a correct bid by immediately sending an email to the auctioneer, however, there is no
guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward
all bids, Sebae does not accept any responsibility for lost bids or problems with the
recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee
that bids received will be processed by the individual auctioneers. Please note that
Sebae's role is limited to the provision of the Site for dissemination and publication of
information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a
reserve exists). In the case of equal bids, the earliest bid received will be the winning
bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have
the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or
mail that they have won. If you do not receive notice that you have made the winning
bid and think that you are the top bidder, you should check with the auctioneer directly.
You will make all payment for Items to the auctioneer in accordance with their terms and
conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium,
taxes and duties (including any VAT, sales tax and import duties) that may be imposed
on the final price paid for an Item. Accordingly, it is your responsibility to check the
applicable taxes and duties that may be imposed on an Item prior to bidding for it.
PRIVACY
We do not sell or rent your personal information to third parties for their marketing
purposes without your explicit consent and we only use your information as described in
the Privacy Policy.
COPYRIGHT
All material and content as provided by the Service is protected by copyright and similar
rights. You can not use or make available any of that material for any commercial
purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that: a. Your use of the service is at your sole risk.
The service is provided on an "as is" and "as available" basis. Sebae expressly
disclaims all warranties of any kind, whether express or implied, including, but not
limited to the implied warranties of merchantability, fitness for a particular purpose and
non-infringement. b. Sebae makes no warranty that (i) the service will meet your
requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the
results that may be obtained from the use of the service will be accurate or reliable, (iv)
the quality of any products, services, information, or other material purchased or
obtained by you through the service will meet your expectations, and (v) any errors in
the software will be corrected. c. Any material downloaded or otherwise obtained
through the use of the service is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss of data that
results from the download of any such material. d. no advice or information, whether
oral or written, obtained by you from Sebae or through or from the service shall create
any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other intangible losses
(even if Sebae has been advised of the possibility of such damages), resulting from: (i)
the use or the inability to use the service; (ii) the cost of procurement of substitute goods
and services resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or
conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or
exclusion of liability for incidental or consequential damages. Accordingly, some of the
above limitations of of the previous two sections titled 'Disclaimer of Warranties' and
'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and
hold Sebae harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any law or the rights of a
third party.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our service and your bidding on,
listing, purchase, solicitation of offers to purchase, and sale of items.
GENERAL INFORMATION
The TAC constitute the entire agreement between you and Sebae and govern your use
of the Service, superseding any prior agreements between you and Sebae. The TAC
and the relationship between you and Sebae shall be governed by the laws of the State
of Florida without regard to its conflict of law provisions. You and Sebae agree to submit
to the personal and exclusive jurisdiction of the courts located within the county of
Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the
TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TAC remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TAC must be filed within one (1) year after s

Hurst Towing and Recovery August Vehicle Auction Shaun Dalton, Auctioneer AL 5407 AUCTION TERMS AND CONDITIONS: YOU MUST READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS TO PARTICIPATE IN THIS AUCTION. NO EXCEPTIONS DALTON APPRAISALS AND AUCTIONS SHAUN DALTON Auctioneer AL5407 ONLINE BIDDING BEGINS WEDNESDAY AUGUST 26, 2020 at 10AM and will END on FRIDAY AUGUST 28, 2020 at 10AM This is a SOFT CLOSE AUCTION. If someone bids on an item in the last minute of bidding, the item will automatically EXTEND by 2 minutes. ALL VEHICLES MUST BE PAID FOR WITHIN 48 HOURS OF AUCTION END. Hurst Towing nor Dalton Appraisals and Auctions DOES NOT guarantee the purchaser a title to any vehicle. The title could be a rebuilt title, salvage title or regular title, Hurst Towing just furnishes the paperwork. ALL PAPERWORK WILL COST $65.00 OVER AND ABOVE THE PRICE OF THE VEHICLE. Abandoned vehicle paperwork will be ready in one week from the date of sale. Bill of Sale will be made out ONLY to the name of the winning bidder at the time of sale. Grammatical errors or mistakes will be worked out between Hurst Towing and the winning bidder. If the owner of the vehicle has signed over the Title, we will give you the Title upon payment. All vehicles must be removed within 3 business days from sale date unless other arrangements have been made. Hurst Towing is not responsible for furnishing any keys to any vehicle. If we have keys, we will give them to the winning bidder upon payment. All sales are final and purchased AS-IS, WHERE-IS. Hurst Towing does not make any guarantees or promises as to the condition of the vehicle. All bidding starts at $300 1. TERMS OF PAYMENT. At the close of the lot, the high bidder will have purchased the offered lot. ALL PAYMENTS ARE TO BE MADE DIRECTLY TO HURST TOWING AND RECOVERY. All sales are final upon the closing of the lot. The purchase is subject to all terms and conditions set forth herein. The purchaser assumes full responsibility thereof. The purchaser further agrees to pay the Total Amount Due within 48 hours after closing of the lot. Title to items do not pass until payment has been made in full. YOU MUST PAY FOR ALL VEHICLES YOU WIN THE BIDDING ON. IF YOU ARE THE WINNING BIDDER ON MULTIPLE LOTS, YOU CAN NOT PICK AND CHOOSE WHICH ONES YOU PAY FOR. ALL SALES FINAL. BIDS ARE A BINDING CONTRACT. DO NOT BID IF YOU DO NOT UNDERSTAND 2. PICK UP: Items may be picked up during normal business hours. PLEASE CALL FIRST BEFORE COMING TO PICK UP VEHICLE. NO WEEKEND OR LATE APPOINTMENTS FOR PICKUP ACCEPTED. 3. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions by which items listed by Dalton Appraisals and Auctions will be sold. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and are bound by same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card, bidder number, or online registration constitutes acceptance of these terms and conditions. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT. 4. BUYER'S PREMIUM AND SALES TAX. No buyers premium or sales tax on this auction. 5. METHOD OF PAYMENT. Payment will be made directly to Hurst Towing and Recovery BEFORE removing any vehicles from the lot. Cash or credit cards accepted. 6. NONPAYMENT. Ownership does not transfer to buyer until funds have been confirmed as received by Hurst Towing 7. WITHDRAWAL. Seller reserves the right to withdraw any property from the auction prior to the completion of the auction sale. 8. PROTESTS, DISPUTES AND THE AUCTIONEER BCK Auctions reserves the right to reject any bid from any bidder. The highest bidder, acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Dalton Appraisals and Auctions records will be deemed conclusive in all respects in the event there is any dispute after the sale. 9. FAILURE TO DELIVER PURCHASER'S PROPERTY. If Dalton Appraisals and Auctions is prevented by fire, theft, or any other reason from delivering any property to the purchaser, Auctioneer's liability shall be limited to the sum actually paid by the purchaser and there shall be in no event any additional incidental or consequential damages. 10. CATALOG AND OTHER DESCRIPTIONS. All statements by Dalton Appraisals and Auctions in the catalog for the property or in the condition reports, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Dalton Appraisals and Auctions attempts to catalog and photograph every lot correctly and will attempt to point out all defects but will not be responsible or liable for the correctness of the catalog, other descriptions or visual depiction of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or Buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Estimates of the selling price should not be relied upon as a statement of value for which the item will sell or its value for any other purpose. Neither Dalton Appraisals and Auctions nor the Seller is responsible for any errors and omissions in the catalog or any supplemental material. 11. BUYER'S RESPONSIBILITIES. You, as a prospective Buyer, are responsible for personally examining or otherwise insuring satisfaction with all lots, in which You have an interest. By placing a bid, You signify that You have examined, or otherwise insured Your own satisfaction with the lot as fully as You desire; or that You have chosen not to examine, or otherwise insure Your satisfaction. If You require absolute certainty in all areas of authenticity, condition, etc., and the results of Your examination and/or other investigation leave uncertainty in Your mind, Dalton Appraisals and Auctions recommends You have an independent expert examine the lot for You. 12. GUARANTEE. All property offered for sale is AS-IS WHERE IS. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Neither Dalton Appraisals and Auctions NOR Seller makes any guarantee or make warranties, written or implied, on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. Dalton Appraisals and Auctions acknowledges that there may be errors in what is written. It is recommended that you personally view any item you bid on or have an acknowledged expert view the item. Statements regarding condition are opinions, not statements of fact nor guarantees. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition are qualified statements of opinion and not representations or warranties. No employee of Dalton Appraisals and Auctions or any person purporting to act on their behalf is authorized to make, any representation or warranty, oral or written, with respect to any lot or item for sale. 13. ABANDONED LOTS. Any item that is not paid in full and picked up by the buyer within 10 days will be considered abandoned, unless prior arrangements are made with Dalton Appraisals and Auctions or Hurst Towing. Once an item is considered abandoned, there will be no refunds given to the buyer and the item will be disposed of in any manner deemed appropriate by Dalton Appraisals and Auctions and Hurst Towing. Disposal fees may be assessed as needed. 18. DISPUTES UNDER THIS CONTRACT. Purchaser and Dalton Appraisals and Auctions agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to Dalton Appraisals and Auctions. In the event the purchaser fails to make full payment, Dalton Appraisals and Auctions may, but is not required to, proceed directly to court. Furthermore, the purchaser and Dalton Appraisals and Auctions agree that should Mediation be necessary, Mediation fees, if any, will be borne solely by the purchaser. Purchaser and Dalton Appraisals and Auctions are required under the terms and conditions of sale to enter into Mediation before Arbitration or any court action. If a party commences legal action other than Mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Lauderdale County, State of Alabama, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties, the purchaser and Dalton Appraisals and Auctions agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral Binding Arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Jefferson County, State of Alabama. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute, I then submit to neutral binding Arbitration with Dalton Appraisals and Auctions and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder. 19. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS" "WHERE IS". NEITHER BCK AUCTIONS NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY BCK AUCTIONS. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT BCK AUCTIONS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. --------------------------------------------------------------------------------------------------------------------- ---------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after s AUCTION TERMS AND CONDITIONS: YOU MUST READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS TO PARTICIPATE IN THIS AUCTION. NO EXCEPTIONS DALTON APPRAISALS AND AUCTIONS SHAUN DALTON Auctioneer AL5407 ONLINE BIDDING BEGINS WEDNESDAY AUGUST 26, 2020 at 10AM and will END on FRIDAY AUGUST 28, 2020 at 10AM This is a SOFT CLOSE AUCTION. If someone bids on an item in the last minute of bidding, the item will automatically EXTEND by 2 minutes. ALL VEHICLES MUST BE PAID FOR WITHIN 48 HOURS OF AUCTION END. Hurst Towing nor Dalton Appraisals and Auctions DOES NOT guarantee the purchaser a title to any vehicle. The title could be a rebuilt title, salvage title or regular title, Hurst Towing just furnishes the paperwork. ALL PAPERWORK WILL COST $65.00 OVER AND ABOVE THE PRICE OF THE VEHICLE. Abandoned vehicle paperwork will be ready in one week from the date of sale. Bill of Sale will be made out ONLY to the name of the winning bidder at the time of sale. Grammatical errors or mistakes will be worked out between Hurst Towing and the winning bidder. If the owner of the vehicle has signed over the Title, we will give you the Title upon payment. All vehicles must be removed within 3 business days from sale date unless other arrangements have been made. Hurst Towing is not responsible for furnishing any keys to any vehicle. If we have keys, we will give them to the winning bidder upon payment. All sales are final and purchased AS-IS, WHERE-IS. Hurst Towing does not make any guarantees or promises as to the condition of the vehicle. All bidding starts at $300 1. TERMS OF PAYMENT. At the close of the lot, the high bidder will have purchased the offered lot. ALL PAYMENTS ARE TO BE MADE DIRECTLY TO HURST TOWING AND RECOVERY. All sales are final upon the closing of the lot. The purchase is subject to all terms and conditions set forth herein. The purchaser assumes full responsibility thereof. The purchaser further agrees to pay the Total Amount Due within 48 hours after closing of the lot. Title to items do not pass until payment has been made in full. YOU MUST PAY FOR ALL VEHICLES YOU WIN THE BIDDING ON. IF YOU ARE THE WINNING BIDDER ON MULTIPLE LOTS, YOU CAN NOT PICK AND CHOOSE WHICH ONES YOU PAY FOR. ALL SALES FINAL. BIDS ARE A BINDING CONTRACT. DO NOT BID IF YOU DO NOT UNDERSTAND 2. PICK UP: Items may be picked up during normal business hours. PLEASE CALL FIRST BEFORE COMING TO PICK UP VEHICLE. NO WEEKEND OR LATE APPOINTMENTS FOR PICKUP ACCEPTED. 3. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions by which items listed by Dalton Appraisals and Auctions will be sold. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and are bound by same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card, bidder number, or online registration constitutes acceptance of these terms and conditions. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT. 4. BUYER'S PREMIUM AND SALES TAX. No buyers premium or sales tax on this auction. 5. METHOD OF PAYMENT. Payment will be made directly to Hurst Towing and Recovery BEFORE removing any vehicles from the lot. Cash or credit cards accepted. 6. NONPAYMENT. Ownership does not transfer to buyer until funds have been confirmed as received by Hurst Towing 7. WITHDRAWAL. Seller reserves the right to withdraw any property from the auction prior to the completion of the auction sale. 8. PROTESTS, DISPUTES AND THE AUCTIONEER BCK Auctions reserves the right to reject any bid from any bidder. The highest bidder, acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Dalton Appraisals and Auctions records will be deemed conclusive in all respects in the event there is any dispute after the sale. 9. FAILURE TO DELIVER PURCHASER'S PROPERTY. If Dalton Appraisals and Auctions is prevented by fire, theft, or any other reason from delivering any property to the purchaser, Auctioneer's liability shall be limited to the sum actually paid by the purchaser and there shall be in no event any additional incidental or consequential damages. 10. CATALOG AND OTHER DESCRIPTIONS. All statements by Dalton Appraisals and Auctions in the catalog for the property or in the condition reports, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Dalton Appraisals and Auctions attempts to catalog and photograph every lot correctly and will attempt to point out all defects but will not be responsible or liable for the correctness of the catalog, other descriptions or visual depiction of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or Buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Estimates of the selling price should not be relied upon as a statement of value for which the item will sell or its value for any other purpose. Neither Dalton Appraisals and Auctions nor the Seller is responsible for any errors and omissions in the catalog or any supplemental material. 11. BUYER'S RESPONSIBILITIES. You, as a prospective Buyer, are responsible for personally examining or otherwise insuring satisfaction with all lots, in which You have an interest. By placing a bid, You signify that You have examined, or otherwise insured Your own satisfaction with the lot as fully as You desire; or that You have chosen not to examine, or otherwise insure Your satisfaction. If You require absolute certainty in all areas of authenticity, condition, etc., and the results of Your examination and/or other investigation leave uncertainty in Your mind, Dalton Appraisals and Auctions recommends You have an independent expert examine the lot for You. 12. GUARANTEE. All property offered for sale is AS-IS WHERE IS. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Neither Dalton Appraisals and Auctions NOR Seller makes any guarantee or make warranties, written or implied, on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. Dalton Appraisals and Auctions acknowledges that there may be errors in what is written. It is recommended that you personally view any item you bid on or have an acknowledged expert view the item. Statements regarding condition are opinions, not statements of fact nor guarantees. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition are qualified statements of opinion and not representations or warranties. No employee of Dalton Appraisals and Auctions or any person purporting to act on their behalf is authorized to make, any representation or warranty, oral or written, with respect to any lot or item for sale. 13. ABANDONED LOTS. Any item that is not paid in full and picked up by the buyer within 10 days will be considered abandoned, unless prior arrangements are made with Dalton Appraisals and Auctions or Hurst Towing. Once an item is considered abandoned, there will be no refunds given to the buyer and the item will be disposed of in any manner deemed appropriate by Dalton Appraisals and Auctions and Hurst Towing. Disposal fees may be assessed as needed. 18. DISPUTES UNDER THIS CONTRACT. Purchaser and Dalton Appraisals and Auctions agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to Dalton Appraisals and Auctions. In the event the purchaser fails to make full payment, Dalton Appraisals and Auctions may, but is not required to, proceed directly to court. Furthermore, the purchaser and Dalton Appraisals and Auctions agree that should Mediation be necessary, Mediation fees, if any, will be borne solely by the purchaser. Purchaser and Dalton Appraisals and Auctions are required under the terms and conditions of sale to enter into Mediation before Arbitration or any court action. If a party commences legal action other than Mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Lauderdale County, State of Alabama, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties, the purchaser and Dalton Appraisals and Auctions agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral Binding Arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Jefferson County, State of Alabama. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute, I then submit to neutral binding Arbitration with Dalton Appraisals and Auctions and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder. 19. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS" "WHERE IS". NEITHER BCK AUCTIONS NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY BCK AUCTIONS. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT BCK AUCTIONS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. --------------------------------------------------------------------------------------------------------------------- ---------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after s