******IF YOU FAIL TO READ THE TERMS OF THE SALE YOU'RE STILL RESPONSIBLE TO THE FOLLOWING TERMS BY SIGNING INTO THIS AUCTION YOU AGREE TO ALL TERMS & CONDITIONS OF THIS AUCTION.******

Everything will be sold As-Is Where-Is; without guarantee or warranty expressed or implied. Items become the sole responsibility of purchaser. All sales are final!

BIDDER CONTRACT: In order to bid at this auction you must meet registration requirements. By registering and obtaining a bidders number you are demonstrating that you fully understand, accept and agree to all conditions and terms set forth for this auction, whether in writing or implied verbally.

BUYER RESPONSIBILITY: From the moment auctioneer deems items sold, it becomes the sole responsibility of buyer. Reasonable care will be made by auction company to safeguard purchases, but in the event of theft, vandalism, accidental, or purposeful damage, negligence and/or and Act of God, Buyer agrees to hold auction company harmless.

WARRANTY: All information contained herein is true and correct to the best of auction company's knowledge, but it is in no way guaranteed as to the accuracy of description made. Every items sold 'as is where is' without warranty as to usefulness or merchantability. Bidder/Buyer has opportunity during inspection days prior to auction to inspect or have inspected by third party all items contained in this auction.

POWELL AUCTION & REALTY LLC. and its Employees act merely as agents for sellers. All auctions are with reserve unless specifically stated otherwise. Reserves, if any, ARE NOT disclosed unless advertised as 'ABSOLUTE.' Auctioneers at their discretion may place a reserve bid on behalf of the seller. All final bids are subject to the seller's confirmation. Only the top bidder will be contacted as to the status of his/her bid. While the information we provide on item(s) is deemed correct, no warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. Information on items is obtained by us from the sellers and you hereby agree to hold harmless POWELL AUCTION, LLC and their Employees for any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, model, machine or engine hours, physical condition, options, features and other data pertinent to the value of the item. ALL ITEMS ARE SOLD AS-IS WHERE-IS unless specific factory or seller issued warranties are listed in the item description.

You acknowledge that you have the right and responsibility to inspect the item(s) personally, or to have a third party representative inspect the item(s) for you. That by bidding on an item you have agreed to accept that item in its present condition at its present location and with the description provided whether accurate or not.

Timed Online only Auction Close. Timed online auctions will begin to close on the date and time listed. Lots will remain open until no bids have been placed within the last 2 minutes. Timed online auctions normally close at a rate of one lot per minute. POWELL AUCTION,LLC reserves the right to close multiple lots per minute at their discretion. Upon your accepted bid of an item, that item shall immediately become your responsibility and be at your risk (whether you have paid for that item or not). You agree that POWELL AUCTION,LLC . its employees, and their sellers are not responsible for lost, stolen or damaged items and will not reimburse or discount items for any type of loss. Buyers are responsible for any costs incurred to prepare their item(s) for transport and/or shipping. This includes but is not necessarily limited to the cost of any rigging, disassembly, special loading requirements, transport, packaging, insurance and all other costs related to physical transfer of their item(s). You agree to remit payment and remove from the auction property any purchases within the stated time for the auction being conducted. You further understand and agree that failure to remove items in the stated time for the auction will subject you to moving and storage fees unless arrangements have been made with the seller.

When using our online auction services you are making firm commitments to purchase said item(s) and are entering into a legal and binding contract. Bids may not be cancelled or retracted for any reason. Non paying bidders or fraudulent bidding will subject you to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. You also acknowledge that the Internet may be an unreliable and error prone network. POWELL AUCTION,LLC will not guarantee that bids placed online will always be transmitted to or received by the auctioneer in a timely fashion. You agree to hold POWELL AUCTION,LLC and their employees harmless for any interruptions in online bidding. Further, the auctioneer has the sole discretion to accept or refuse any bid. POWELL AUCTION,LLC retain the right, at our sole discretion, to add, delete or change some or all of our online services and the terms and conditions governing their online auctions at any time without notice.

ABANDONMENT POLICY

POWELL AUCTION, LLC provides this Abandonment Policy to inform you of our policies and procedures regarding any purchased item(s)/property that has not been removed by a buyer in a timely manner. Upon winning the bid for an item(s), after paying for item(s) purchased, a buyer is obligated to remove the item(s) from the auction site within a timely manner.

POWELL AUCTION,LLC may deem a buyer's failure to claim and remove equipment the day of unless the boss otherwise says following the close of an auction as evidence of buyer's intention to abandon the property. In these instances, POWELL AUCTION,LLC may take action that is adverse to buyer's interest in the property, including, but not limited to steps to dispose of the property. Disposition of property may include a variety of approaches based upon the buyer's purchase price of the property as follows

1) For those items with a final selling price of $5,000 or less, POWELL AUCTION,LLC will determine the appropriate disposition approach which may include:

a. Removing and disposing as the company sees fit.

b. Allowing seller to retain or scrap.

c. Sell the item(s), whereby POWELL AUCTON,LLC will remit the sales proceeds to POWELL AUCTION,LLC , for selling and advertising expenses, storage costs, plus administrative fee.

2) For those items with a final selling price of greater than $5,000, POWELL AUCTION,LLC may remove the item from the selling location and resolve as follows:

a. POWELL AUCTION,LLC may charge the buyer's storage fees of $25 per day, with the total amount not to exceed $1,500.


b. Sell the item(s), whereby POWELL AUCTION,LLC will remit the sales proceeds to POWELL AUCTION, for selling and advertising expenses, storage costs, administrative fee.

All information contained in descriptions in catalog and Internet are made with auction company's knowledge and information, but are not guaranteed. Bidder/Buyer assumes all responsibility to determine the correct information, including but not limited to kind, age, year, model condition, make, serial number, etc.

No sale shall be invalidated by inaccuracies, defects,

damaged goods, or incorrect descriptions.


When purchasing EQUIPMENT, it is highly recommended that you have a inspected any and all moving parts, nuts, bolts, oil, gas, ect. Powell Auction nor its staff have inspected equipment prior to the auction. All items are sold as is, where is. Failure to preview items to be sold does not constitute grounds for refunds. The bidder agrees under no circumstances to stop payment on checks or credit cards.

BY SIGNING INTO THIS AUCTION YOU AGREE TO ALL TERMS & CONDITIONS OF THIS AUCTION.
NEW 2024 TERMS PLEASE READ:
If you do not pick up your items on day we have listed, you will forfeit items but still have to pay for them.
If you want to bid on this online auction, you will first have to read these Terms and Conditions. By placing a bid, you agree that you have read and understand the Terms and Conditions and understand the terms are binding on both you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.
IF YOU DO NOT PICK UP YOUR ITEMS WITH-IN 10 BUSINESS DAYS YOU WILL FORFEIT YOUR ITEMS.

ALL items are sold �WHERE IS, AS IS� with no warranties implied. Buyer must provide their own packing material, boxes, bags and help (and tools) to disassemble, carry and load items.
Pickup and Removal: ALL items from lot must be removed from auction location. Please make sure you can remove items during designated removal day and times. You are responsible for paying for your items regardless if you pick them up or not.

Please read these Terms and Conditions carefully! They contain important information about the online auction itself and your rights and responsibilities as a bidder.Terms: Payment in full day of sale, 15% buyers premium. All items are SOLD �AS IS, WHERE IS and WITH ALL FAULTS�. All Sales are Final, NO Refunds! You, the bidder agrees not to stop payment on checks, disallow a bank draft, credit card and or any type payment and will be fully responsible for any expenses due to collection of any type payment. Any type chargebacks, the auctioneer may be able to get a judgement locally that can, potentially, be transferred to the buyers jurisdiction and be entitled to any attorney fees incurred in collecting monies. All parties agree that any litigation will be filed in Knoxville, TN.

Warranty: All items are sold �AS IS, WHERE IS and WITH ALL FAULTS�, without any warranties expressed, implied or guarantees of any kind. All Sales are Final, NO Refunds! Catalog, web, and ad descriptions are NOT GUARANTEED. The descriptions have been prepared from information that Powell Auction & Realty LLC believes to be reliable. Powell Auction & Realty LLC attempts to ensure 100% accuracy; however, Powell Auction & Realty LLC is not liable for any errors, omissions, or inaccuracies in the catalog or other written or verbal descriptions. Bidders are responsible to thoroughly inspect items before bidding and to satisfy themselves of such matters as suitability, marketability, completeness, year, make, model, and/or condition. IF YOU ARE IN ANY WAY UNSURE AS TO ANY MATTER HEREIN, Powell Auction and Realty URGES YOU TO NOT BID.
Internet Bidding Powell Auction & Realty LLC will be held harmless, if the internet service fails to function properly or correctly, power outages, computer or internet complication�s, before, during or after the auction. Bidding may extend, if bids are placed within the last minute, to prevent bid sniping. Powell Auction & Realty LLC will not be responsible for any missed bids from any source and we reserve the right to withdraw, rearrange and or extend properties, on line internet bidding, without notice, at the auctions sole discretion. Online bidders: Sometimes we may use several online internet providers, so you will receive an email from us, if you are the actual winner of the item. In the event of a tie bid between internet bidder and floor bidder, the tie will always be awarded to the floor bidder. If your provider is Hibid, you will receive an email, from them stating that you may have won an item. Afterwards Powell Auction & Realty LLC, will send you another email (If you are the actual high bidder) stating the you are the high bidder, with an invoice attached. This invoice may not include shipping fees or credit card fees. The email may be sent the following business day. Note: when registering on Hibid, after you fill out your registration & information, then they will charge your credit card $1.00. You will need to update your info every 3 months & you will be charged $1.00 on your credit card. We are NOT responsible for any ITEMS that are left. ANY item(s) left for more than 10 days will be sold WITHOUT NOTICE!!! Powell Auction and Realty LLC reserves the right to revoke any bidders rights to bid at any auctions facilitated by Powell Auction & Realty LLC. Powell Auction & Realty LLC reserves the right to change the TERMS AND CONDITIONS, add or delete without notice. All sales will be recorded by audio and/or in writing. The record of the number of the bidder, the bid, and amount thereof shall be prima facie evidence of the circumstances of the sale, and all disagreements will be resolved with this record.

Sales tax may apply to your purchase please check with auction company to verify.

1. Registration: To gain access to this online auction, you will need to register and create a user name and password. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in the Auctioneer�s auctions indefinitely should you provide any false information during the registration process.
2. Credit Card: YOU MUST ENTER A CREDIT CARD JUST FOR ACCESS FOR ONLINE BIDDING BUT PAYMENT MUST BE IN CASH, CHECK W/ BANK LETTER OR WIRE TRANSFER.
3. Bidder�s Duty to Update Information: Whether you are a new or returning bidder, you agree that if any of the information associated with your bidder number � including contact information and credit card information � changes at any time prior to, during, or after this sale, you will notify the Auctioneer of the change by updating your bidder profile.
4. Conduct of Sale: All bids, and credits in this sale will be made in United States Dollars. You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this sale. You further agree not to copy, reproduce, or publicly display any content from the Auctioneer�s website without first obtaining written permission from the Auctioneer.
5. Bidder�s Duty to Investigate: You are bidding based on the description and photos provided. Carefully inspect the description and photos for condition and finish. If you are not certain of the condition, completeness or suitability of a given item, please bid accordingly a. Photographs and Descriptions: The Auctioneer regularly posts item descriptions and photographs to aid bidders in the bidding process, and we make every effort to ensure that the descriptions and photographs that we post accurately represent the items being offered for sale. In some photographs, multiple items may appear to be joined as a single unit, however you should not assume that a lot consists of more than one item simply because various items appear connected or are featured in the same photograph. Also understand that, on occasion, the wrong photograph may be displayed for a given item. At all times, you are bidding on items as they are described on this website, not as they appear in any photograph. b. Bid Wisely: We want everyone to be pleased with their purchases. When you bid on the wrong item or decide an item is not suited for your intended use, our clients will not assume the cost of your mistakes. You agree that your failure to become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due to the Auctioneer nor for any claim against the Auctioneer.
6. WARRANTY AND CONDITION OF ITEMS SOLD: all lots and items are sold as is, where is, with all faults, and with no express or implied warranties. no action taken by the auctioneer or its agents is intended to create any express or implied warranty as to any lot or item in this sale. the auctioneer specifically disclaims any express or implied warranties including, but not limited to, any warranty of merchantability, fitness for a particular use, conformity with environmental laws or requirements, non-infringement, accuracy, title, or any other warranty. it is believed that all descriptions are accurate descriptions are not guaranteed.
7. When You Have Been Outbid: If you are outbid during the course of this auction, you will be notified by email, if you have chosen this option when you registered. You can see if you are high bidder at any time using the �Watch List� feature; items which you have put on the Watch List will show the bidder name of the high bidder.
8. Reporting Bidding Errors: You should carefully review every bid you choose to make before submitting that bid. The Auctioneer will not automatically assume that any bid, even a bid that increases your own lower bid, was made in error. Fraud: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify the Auctioneer immediately by sending an e-mail to info@estatesaleesperts.com. You must also report the incident to the relevant law enforcement authorities and send the Auctioneer a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to the Auctioneer and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number.
9. Changes in Circumstance: All aspects of this auction are subject to change without notice. The Auctioneer reserves the right to, at any time: (1) add or remove items from the auction, (2) split or combine lots, (3) add minimum bids or reserve prices, (4) cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, (5) make changes to the auction�s closing, inspection, or removal times, or (6) take any other action the Auctioneer deems necessary to effect the fair conduct of this sale or protection of buyers�, sellers�, or other parties� interests. In the event a seller withdraws an item from this auction prior to the close of the auction, the Auctioneer may leave the item on the catalog and buy the item back on behalf of the seller to establish the Auctioneer�s earned commission and the buyer�s premium due to the Auctioneer from the seller. Auctioneer reserves the right to bid on behalf of a seller up to any reserves. Auctioneer and staff retain the right to bid and buy at the auction under same terms and conditions as any other bidder.
10. Closing: The Auctioneer�s online auctions are designed to mimic traditional �live� actions. For this reason, this auction will have a staggered, dynamic closing. a. Staggered Closing: auctions will be either sold close online only or live with internet bidding. Sold close will allow extended bidding until no bids are placed for one minute. Live auctions with internet bidding allows rebidding and bidding during live auction.
11. Winning Bids: If you place a bid in this sale, and your bid is determined to be the winning bid, you become obligated to pay for the item(s) that you have won at the price you gave as your bid. a. Notification: If you end up placing one or more winning bids in this auction, the Auctioneer will contact you by the e-mail you registered with to let you know which items you have won. This e-mail notification will be the only contact you receive from the Auctioneer about your winning bids; this means that you are responsible for entering a correct mail and for checking your e-mail following the close of the auction to determine what items you have won. If you do not receive an e-mail identifying you as a winning bidder, check your junk or spam list to see if it is there. If you do not receive an e-mail identifying you as a winning bidder it is because the Auctioneer has no record of your having placed a winning bid. b. Bid Inquiries: If you believe that you placed a winning bid, but do not receive an e-mail, you must notify the Auctioneer 1-865-938-3403 explaining your situation by 9:00am on the day after of the auction has closed. You agree that the Auctioneer will be the sole authority regarding the identification of winning bids. If a auctions closes after 6 Pm you will receive your email the following day.
12. Payment: CASH, CHECK W/ BANK LETTER OR WIRE TRANSFER. CREDIT CARD IS ONLY USED FOR YOUR REGISTRAION ACCESS FOR ONLINE BIDDING BUT PAYMENT MUST BE IN CASH, CHECK W/ BANK LETTER OR WIRE TRANSFER.
a. Suspension: You understand and agree that if, at the end of this auction, the Auctioneer is twice unable to charge your credit card for the entire amount of your purchases; the Auctioneer will suspend your online bidding privileges indefinitely. b. Chargebacks Prohibited: You agree that you will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card.
13. Buyer�s Premium: A 15% buyer�s premium is added to every purchase. This means that if your winning bids add up to $100, you will be charged $115 at checkout.
14. Default and Resale: You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default. If you still refuse to pay for any item after being notified of your account�s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (1) any cost associated with the resale and (2) any deficiency between your original purchase price and the resale price.
15. Picking Up Your Items: You are solely responsible for the safe removal of any items you may win at this auction during the posted pick up dates and times. If you are unable to safely pick up and remove your items during the item pick up times that have been scheduled for this sale, PLEASE DO NOT BID. Unless stated otherwise the Auctioneer does neither ship, nor does the Auctioneer hold items beyond the published removal times. The Auctioneer will not issue you a refund if you are unable to pick up and safely remove your items during the published removal times. a. Bidder�s Duty to Remove Items Safely: Again, you are solely responsible for the safe pick-up, removal, and transportation of your items. You agree that the pick-up, removal, and transportation of your items will be solely at your expense and at your risk. IF WE BRING BACK TO OFFICE A $30 HAUL FEE WILL BE ADDED. You further agree that you will be responsible for any damage that you or any of your agents cause during any inspection or removal period, and also agree that the credit card associated with your online account will be charged for any expenses incurred and/or repairs necessary as a result of any damage that you cause. b. Release Upon Presentation of Receipt: You understand and agree that the Auctioneer will release your items only after you or your agent presents a sales receipt generated by the Auctioneer stating that your account is paid in full. You further understand and agree that it is your duty to ensure that any agent picking up items on your behalf has a copy of your paid sales receipt to present at the pick-up location. You explicitly authorize the Auctioneer to release your items to any person in possession of your paid sales receipt. No item will be released to any person unless that person presents a paid sales receipt listing the item in question. c. Abandonment: You understand and agree that any item that you do not pick up during the published pick up times will be considered abandoned. You understand and agree that you will be charged a reasonable fee for the removal, and/or disposal of any item that is considered abandoned. On select items the Auctioneer may be able to transport to warehouse for later pick up for a minimal fee with previous communication.
16. Disposal of Unclaimed Items: In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid or abandoned item. You understand and agree that you will be personally responsible for all deficiencies including all legal, collection, transportation, and storage expenses associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
17. Non-Delivery: In the unusual event that an item has been totally miss-described or is unavailable for pickup during the published removal times, you must immediately notify the Auctioneer�s onsite staff of the problem and file a claim for non-delivery within twenty-four hours. You understand and agree that if you fail to make a claim for non-delivery within twenty-four hours of your discovering the problem; your claim for non-delivery will not be honored. Claims for non-delivery may be filed by replying to the e-mail that informed you of your winning binds. Your claim must fully describe the nature of the problem that you have identified.
18. Claims and Choice of Venue: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Knoxville Tennessee Small Claims Court, if the claim in question amounts to less than $5,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $5,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis, and will not be consolidated with any claim made by another party. Venue in every case will be Knoxville Tennessee. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs.
19. Interim or Preliminary Relief: Notwithstanding the contents of Paragraph 22 of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation.
20. Liability: In all cases, the Auctioneer�s liability, and the liability of the seller of the items in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. In no event will the Auctioneer be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction. a. No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. b. No Liability for Site Malfunction: You understand that this auction is online-only or live with internet bidding, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction.
21. Indemnification: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
22. Limitations: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered except in writing by the Auctioneer.
23. Severability: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect.
24. Governing Law: These Terms and Conditions will be governed by and construed under the laws of the State of Tennessee. Bidder understands and agrees that this agreement and all rights of the parties there-under, shall be governed by laws of the County of Knox, State of Tennessee and any action brought by either party shall be brought in the Courts of the State of Tennessee. In the event, that for any reason, the forum is deemed to be sufficiently inconvenient or the agreement on the gorum selection is unenforceable it is still the intention of the parties that the Laws of the State of Tennessee govern the parties agreement and their rights attended thereto. Buyer agrees that any legal filed action will take place within the county of Knox, City of Knoxville, State of Tennessee. Under no circumstances Powell Auction & Realty, LLC damages to exceed purchase price. Powell Auction & Realty, LLC is not liable for any alteration or expenses that buyer may have incurred. Buyer agrees not to make any alteration until title of property has been transferred. Buyer agrees to conduct own dwelling on conditions, titles, or any pertinent needed information and is accepting as is conditions.
25. Entire Agreement: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter.
26. We reserve the right to have payment made by cashiers/certified check or wire transfer only. We also reserve the right to demand a bank letter of guarantee for personal checks. Employees of Powell Auction are allowed to bid on any item under the same terms and conditions as every other bidder. Powell Auction reserves the right to bid, on behalf of the seller, up to any reserve price placed on any item.

POLICE SEIZURE & EQUIPMENT AUCTION- APRIL 25,2026- LOTS START CLOSING AT 7:00PM- ONLINE ONLY!!