AMA ONLINE BIDDING TERMS AND CONDITIONS

1) Each bidder must be properly registered and have been issued a Buyer Number in order to bid.

2) Auctioneers Miller & Associates/AMA Consignments (AMA) reserves the right to refuse issuance or revoke a Buyer Number from any one at any time.

3) If any dispute arises between two or more bidders, AMA will be the sole authority to resolve the issue. AMA also reserves the right to reject any and all bids.

4) All items sell as-is, where-is with no warranties or guarantees expressed or implied, including fitness for a particular purpose. AMA representations are given with the utmost honesty and accuracy based on the knowledge at hand. Representations are to be used solely as a guide, and at no time will AMA be deemed liable for inaccuracies. Though AMA strives to provide accurate representation, bidders are encouraged to personally inspect items prior to bidding. In the event that a seller/consignor knowingly misrepresents an item, AMA will address the situation with auctioneer’s sole discretion.

5) Although AMA will make every effort to accommodate the Buyer, AMA makes no guarantees as to the bidder’s ability to execute bids using any form of absentee bidding, including internet, phone, etc.

6) Payment for any auction purchases must be received by AMA within 48 hours following the conclusion of said auction. Payment can be made in forms of: cash, bank wire, cashier’s check, personal check or company check. AMA reserves the right to require additional information in order to accept any form of checks. All purchases made by Buyers living outside the continental United States must be paid for via cash or wire transfer. AMA reserves the right to hold purchases until payment funds are verified. AMA, through the secure online registration process, will also acquire credit card information to validate the user’s identity through a $1 credit card authorization. In addition, AMA reserves the right to further charge the credit card on file in the event the Buyer fails to settle in full for any purchases. If a Buyer fails to settle for purchases according to the terms identified herein and AMA is forced to charge the credit card, an additional 3% penalty of the total invoice will be incurred by the Buyer. It is the sole responsibility of the Buyer to notify AMA in the event the credit card on file expires and or becomes invalid. AMA’s right to charge a credit card in the event a Buyer fails to settle in full in no way authorizes credit cards as an acceptable form of payment.

7) A 3% convenience fee not to exceed $750 per item will be added to the final hammer price of all online purchases. Based on Colorado law, this fee is subject to sales tax.

8) Specified State & local sales tax will be charged to all purchases unless a Buyer has on file with AMA one of the following: resale license, Affidavit for Colorado Sales Tax Exemption for Farm Equipment (form DR0511), or any other approved exemption. Titled items will not be charged sales tax by AMA.

9) AMA guaranties transferrable certificate of title on all items represented as having a title. Certificate of title, along with Auctioneers’ Receipt for Monies Received, will be mailed via certified mail within three weeks of the auction. All titles must be transferred within two weeks of receiving said title from AMA. If title issues arise (lost title, incorrect transfer, etc.), AMA will make all efforts to help the Buyer resolve such title issues, but makes no guarantee as to AMA’s abilities to do so. AMA further makes no guarantee as to the transferability of a title once two weeks has elapsed from the day of receiving said title.

10) Removal dates for each auction will be stated on your Buyer’s receipt. Any items left beyond such removal date will be disposed of as AMA sees fit, without notification to Buyer. Any payment made for said items will be forfeited at AMA’s sole discretion. AMA reserves the right to charge handling, storage, and disposal fees.

11) In the event AMA must file suit in a court of competent jurisdiction to enforce these terms and conditions, Buyer agrees to pay AMA $100.00 per man hour and its reasonable attorney fees incurred.

12) Any Buyer acknowledges and agrees to be bound by these terms and conditions.