READ! READ! READ!
ALL BIDDERS SHOULD EITHER READ THE FOLLOWING TERMS IN FULL OR DO NOT BID!

Thank you for participating in this Top Auctioneers, LLC auction. We truly appreciate your business!

The following are the terms you have agreed to abide by when you registered to bid:

Attention Online Bidders
We will have multiple phone calls during sale week, so PLEASE leave a voicemail if prompted or send a text message and email to 254-371-9388 | payment@topauctioneers.com containing your name, bidder number, and phone number along with your preferred acceptable alternate payment method (Cash or Wire). We will respond in the order received.

AUCTION TERMS AND CONDITIONS:

PLEASE READ THE FOLLOWING BIDDER TERMS AND KNOW THAT THEY WILL BE FULLY ENFORCED:

Auction Terms & Conditions and buyer communication are very important!
Read carefully before you attempt to bid. Once you bid, you will be legally bound by the following terms and rules stated herein:

The POSTED/DOCUMENTED AUCTION SALE DATE is determined by the sale date, or closing date and time on www.topauctioneers.com, www.topauctioneers.hibid.com and/or any other marketing material from Top Auctioneers, LLC that specifies what day listed items will sell. The closing of the sale is determined when the Auctioneer or Auctioneer�s software closes the bidding of the final auction item for said sale.

GENERAL TERMS:
The auction will be conducted by Top Auctioneers, LLC, hereinafter referred to as �Auctioneer,� on behalf of the owners/rightful sellers of the property, referred to as �Seller.� The Auctioneer is not responsible for the acts or representations of the Seller. The auction shall be governed by the terms set forth herein (the agreement) and any additional terms and conditions that are posted concerning the specific property. This agreement constitutes a valid, binding contract between individuals participating in the auction with the intent to purchase property, referred to as the Bidder or Buyer, and Seller/Auctioneer. The term Bidder or Buyer shall include, but is not limited to, the individual or the company represented by the individual and any and all of its agents, employees, representatives, officers, and directors. The Auctioneer is not responsible for statements made by the Bidder, Buyer, or other parties. The Auctioneer reserves the right to periodically change the terms and conditions of the agreement, which shall be effective immediately upon posting. It is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to bidding on property. The act of submitting a bid shall constitute Bidder acceptance of each and every term and condition contained herein, any additional terms and conditions posted with the property, and any changes made within the full agreement. All persons attending, inspecting, or removing property assume all risks of damage or loss to person and property and specifically release the Auctioneer and Seller from all liability. The Auctioneer is not liable by reason of any defect in or condition of the property or the premises on which the preview/sale is held. The Auctioneer is released from any claims to actual damage to the property sold and/or consequential damages that may result from the sale of defective property.

ENTIRE AGREEMENT:
These Terms and Conditions, together with any property specific terms, posted announcements, and written addenda issued by the Auctioneer, constitute the entire agreement between the parties regarding the auction. In the event of any conflict, the most specific written terms applicable to the property shall control. No oral statement, representation, or announcement by the Seller, Auctioneer, or Auctioneer�s staff shall modify these Terms and Conditions unless confirmed in writing by the Auctioneer.

DISCLOSURES/NO WARRANTY:
There is no warranty offered, expressed or implied, by the Auctioneer or Seller for any property. All property is sold AS-IS, WHERE-IS, and with all faults and defects therein. ALL SALES ARE FINAL. All information provided is believed to be correct, but no warranty is either expressed or implied, including but not limited to merchantability or fitness for a particular purpose. The Bidder is solely responsible for determining the condition, age, authenticity, value, or any other determinative factor. Bidder inspection of the property prior to submitting a bid is strongly recommended. The Auctioneer reserves the right to add or withdraw any property from the auction and/or regroup items. The Auctioneer reserves the right to sell property absolute or with reserve, at the Seller�s discretion. RESERVE ITEMS: Certain property may be offered subject to a reserve price established by the Seller. Unless otherwise expressly stated, the reserve price may be undisclosed and shall remain confidential. The Auctioneer may place bids on behalf of the Seller up to, but not exceeding, the reserve price, as permitted by applicable law. If the reserve price is not met, the Auctioneer may withdraw the property, declare the property unsold, or negotiate a sale with the highest bidder, subject to the Seller�s approval. The highest bid does not constitute an accepted sale on property offered with reserve unless and until the Auctioneer announces �Sold,� closes the item as sold, issues an invoice, or otherwise confirms acceptance of the bid. The Auctioneer reserves the right to reopen bidding as a result of a tie bid, bidding discrepancy, clerical error, technical issue, or any other circumstance that, in the Auctioneer�s sole judgment, affects the fairness or integrity of the auction. The Buyer assumes full responsibility for any property on which they are the winning bidder at the time of purchase, along with all risks of loss and damage to the property after the Auctioneer says �sold� and concludes the bidding on that item. All titles will be assigned to the Buyer. NO OPEN TITLES will be issued.

INSPECTION OF PROPERTY/GOODS/AUCTION ITEMS:
Buyers have the right to and are encouraged to personally inspect any of the property/goods/auction items thoroughly PRIOR TO BIDDING OR BUYING. Auctioneer will make the property/goods/auction items available for inspection at a place and time to be determined by appointments with Auctioneer and/or announced on Auctioneer�s website. Auctioneer will provide any information given to Auctioneer by a Consignor or Seller but does not guarantee or represent the validity of any information given.

BIDDER REGISTRATION:
Bidders must be 18 years of age or older and are required to register for the auction. In registration, Bidders must submit information found to be current, complete, and accurate for proper identification. The Auctioneer does not sell or rent this information. The Auctioneer uses email and mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email/mailing list. Bidders are responsible for the security of their bidding number, user name and password, and any and all bids placed under that assigned number/ID. The Auctioneer should be notified immediately if a Bidder believes their number and/or password have been compromised. The Auctioneer reserves the right to terminate registration, deny any person�for any reason�permission or access to bid, reject any and all bids, and suspend or ban a Bidder from bidding, at the Auctioneer�s sole discretion. Bidder registration is not transferable or assignable.

BIDDING:
Bidders must register to participate in the auction. The Auctioneer highly recommends that Bidders read the descriptions of each lot and view photographs carefully. If you have any questions, call Top Auctioneers, LLC at 254.371.9388. If you visit the viewing/auction location, please personally inspect the property on which you intend to bid during the date(s) indicated in the details per item. Using YOUR knowledge and experience, form your own opinion of the property/goods/auction items and bid accordingly. If you are in doubt, DO NOT BID. All items are sold AS-IS, WHERE-IS with NO WARRANTY; this is an AUCTION and all SALES ARE FINAL. Bids cannot be retracted and constitute binding offers by the Bidder. A binding contract for the sale of property is formed only upon acceptance of the high bid by the Auctioneer in accordance with these Terms and Conditions. Bidders are accountable for being informed about the property, these Terms and Conditions, and all associated costs before bidding. A maximum bid can be placed on property/goods/auction items. A maximum bid is kept confidential, and the Bidder authorizes the Auctioneer to place bids on their behalf up to the amount of the maximum bid. Upon the sale of property, identifying information and purchase amount will be posted for a designated period of time. All questions or disputes must be resolved immediately; no changes or adjustments will be made at a later date. The Auctioneer reserves the right to reopen bidding. The Auctioneer shall have sole discretion to resolve any dispute regarding bidding, Bidder eligibility, lot descriptions, announcements, internet interruptions, clerical errors, reserve status, payment disputes, or the interpretation or enforcement of these Terms and Conditions. The Auctioneer�s decisions shall be final, binding, and conclusive upon all parties.

BUYER'S PREMIUM:
A buyer's premium will be charged on each purchase. A buyer's premium, an advertised percentage of the high bid or flat fee added to the high bid, will be added to the high bid and become part of the purchase amount at settlement. The hammer strike price plus the buyer's premium constitutes the �total purchase price�. Sales tax is charged on the total purchase price. The Buyer agrees to these provisions and will pay the applicable buyer's premium. SEE THE �PAYMENT/SETTLEMENT� SECTION FOR THE BUYER�S PREMIUM ASSESSED FOR THIS AUCTION SALE.

TAXES:
Buyer must also pay Auctioneer on or before the final settlement date, all sales, export, heavy duty diesel, use and other taxes due to any federal, state or local taxing authority (the �Taxes�) as a result of Buyer�s purchase, including without limitation, any taxes arising from any Buyer�s Premium.

To receive the benefit of any tax exemption, Buyer must supply Auctioneer with a sales tax exemption certificate acceptable in form, scope and substance to Auctioneer in Auctioneer�s sole discretion. This may include a properly executed and valid reseller certificate that qualifies the Buyer for exemption in the state where the purchased items are located, or, where applicable, a common carrier bill of lading reflecting a shipment directly out of state from the property location. No property will be released to the Buyer unless settlement is made in full, and tax has been paid or acceptable exemption documents have been provided. No taxes will be refunded once collected.

In the event of a conflict, Buyer will be responsible to pay the sales tax to Auctioneer and seek reimbursement directly from the appropriate state taxing authority. Local tax rate will be applied to all invoices without proper tax exemption documentation.

TAXES will be charged on both the purchase price and buyer's premium.

Exemptions:
1. Any tax exemption claims for in-person/onsite or hybrid auctions involving onsite bidders must be accompanied by the proper credentials at time of settlement on the day of the auction sale.

2. Any tax exemption claims for online bidders must be submitted via email to TAXEXEMPT@TOPAUCTIONEERS.COM PRIOR TO THE CLOSE OF THE FINAL AUCTION LOT OR ITEM ON THE DAY OF THE AUCTION SALE. This is strictly enforced by the timestamp within that email in order to promptly and accurately reconcile/invoice online bidders according the proper settlement amount. (ZERO TOLERANCE)

If you are resale or agriculture tax-exempt, you know what credentials you need, so submit them in accordance with the terms listed above!



PAYMENT/SETTLEMENT:
Invoices will be sent to each online bidder�s registered email at the conclusion of the auction with the ability to submit payment online. Every Buyer must complete settlement immediately upon the completion of the auction, or clearly confirm their alternate method of payment PRIOR TO THE AUCTION ENDING by emailing payment@topauctioneers.com their full name and registered bidder number.

Any unpaid invoices will be charged to the card on file Friday morning following the AUCTION SALE DATE

**If settlement/payment is not received within 48 hours from the close of bidding on the AUCTION SALE DATE, a TWENTY FIVE PERCENT (25%) FEE will be added to the total purchase price of the bidders invoice and will be collected by any and all means necessary by the Auctioneer.**

Auctioneer will only accept payments in the form of:
A.) Wire transfer (with a $15 wire transfer fee) payment. This payment method constitutes a 12% online Buyer�s Premium.

B.) Credit card payment. This payment method will constitute a 16% online Buyer�s Premium.

C.) Cashiers Checks and Checks from customers that have met the requirements and have been added to the Approved Check List PRIOR TO THE AUCTION. Requirements: Auctioneer at its discretion may accept and require that Company and Personal Checks be accompanied by an official Bank Letter of Credit/Guarantee regardless of the sale amount. All checks, if accepted, should be made payable to Top Auctioneers, LLC. This payment method will constitute a 12% online Buyer�s Premium.

All purchases must be settled on the Auction Sale Date and prior to removing items. Auctioneer is granted authority to charge the credit card on file for the balance due immediately following the auction. If the Buyer desires to pay by Wire Transfer, please notify Auctioneer prior to auction ending.

Settlement for any purchase must be made in full and paid directly to the sale cashier/auction company within the specified time, either written or announced, prior to the commencement of the auction. Payment to any other source is prohibited and is not recognized as settlement. Settlement for any purchase must be made for the full purchase price with U.S. Currency or with funds from a U.S. Bank in the form of a credit card, or wire transfer, all of which must have been approved by Auctioneer.

Upon making payment for property, no stop payment of funds will be honored. Any false or declined payment method, stop payment order of a check, or giving a check which is returned marked insufficient funds shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud. If you are from another country other than the US, you must pay in US funds.

Any person signing a check in the State of Texas is liable for the full amount of the check. Any party issuing a check returned as �insufficient funds� or �payment stopped� or �account closed� or issuing a check that shall for any reason not clear drawee�s bank, is subject to being prosecuted to the full extent of the law and is further subject to all legal and equitable remedies, including interest, court costs and attorney fees. Appropriate legal services will be obtained in whatever jurisdiction necessary to secure performance of any payment given as settlement and all costs, including attorney�s fees, incurred by Auctioneer shall be the responsibility of the party issuing such payment.

CREDIT CARD NOTICE: Bidders providing deposits or full payment by credit card further agree to the following: 1) Bidder grants the Auctioneer the irrevocable right to authorize the Bidder�s credit card for the minimum deposit and such subsequent amounts necessary to secure the Bidder�s purchases; 2) Bidder grants the Auctioneer the irrevocable right to capture the authorizations on the Bidder�s credit card to secure their purchases; 3) Bidder acknowledges that a credit card authorization shall not be sufficient to secure purchases over $10,000 and therefore shall provide any additional deposit necessary in one of the other acceptable payment forms 24 hours prior to the sale; 4) Bidder acknowledges and accepts that credit card authorizations are subject to a 3-7 day hold on funds with the Bidder�s credit card company, which hold is not under the control of the Auctioneer to release; 5) Bidder hereby waives their rights to chargeback.

REMOVAL OF PROPERTY / SHIPPING TERMS:
(Doors will be closed all day on Sundays.)
The Buyer assumes full responsibility for property/goods/auction items at the time of purchase and all risk of loss and damage to property. Property will not be removed from the sale premises until full settlement is made. Shipping as well as any and all methods of lifting, towing, and/or hauling are the Buyer�s sole responsibility.

- Pickup after listed AUCTION SALE DATE is by appointment only. Auctioneer will not wait around for customers who have not scheduled an appointment!

- Winning bidders must make contact and request their pickup appointment by emailing pickup@topauctioneers.com by no later than 5 PM on FRIDAY AFTER AUCTION SALE DATE.

- Scheduling an appointment after 5 PM on FRIDAY AFTER AUCTION SALE DATE will result in a late fee of $50, and you will have to coordinate your item pickup on the Auctioneer's time (nothing personal�it�s just business. If we cannot contact you then it makes it rather difficult to coordinate these accommodations.).

Buyers or their agents must remove all property/goods/auction items purchased by the Tuesday following the posted/documented AUCTION SALE DATE by NO LATER THAN 4:30 PM CST �REMOVAL DATE�, UNLESS they have otherwise made arrangements with Auctioneer. No property/goods/auction items shall be removed until the full purchase price and all applicable taxes thereon have been received by Auctioneer in the form required herein. Buyer shall be responsible for the safe and proper removal of any property/goods/auction items purchased by Buyer, including any tear down of the property/goods/auction items in order to move the same.

Auctioneer does not pack, ship, store, crate or rig items for removal. Buyers may either pick up property/goods/auction items at the designated auction site themselves or can contract with a third-party agent to manage the removal process for them (�Agent�). Before property/goods/auction items can be removed by an Agent, Agent must provide Auctioneer with (A.) proof of payment in full (Paid in Full Invoice); and either: (i) an �Agent Release Authorization� form which allows Auctioneer to release items to a third-party contractor for shipping, crating or packing purposes, or (ii) a copy of the photo identification matching the Buyer�s name.

Without limiting the generality of the foregoing, Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer�s removal of the property/goods/auction items.

Auctioneer shall have no responsibility to disconnect utilities to the property/goods/auction items, including electric, gas, waste and water lines. Buyer is solely responsible to properly remove and store in appropriate containers all fluids, oils, hazardous chemicals, etc., from the property/goods/auction items purchased.

Buyer does hereby indemnify Auctioneer, Seller, the Consignor and the owner of the premises in which the property/goods/auction items are located, from any and all claims, damages, and losses arising from Buyer�s actions or actions with respect to the property/goods/auction items and Buyer�s presence on the premises in which the property/goods/auction items are located, including without limitation, injuries to persons or property and environmental violations or contamination.

Risk of loss on any property/goods/auction items shall pass to the Buyer upon the drop of the hammer at the auction. Auctioneer shall have no responsibility whatsoever for any missing or lost items or for damage to the property/goods/auction items due to acts of God.

There will be NO removal of any property/goods/auction items until the auction is complete.

ITEMS MUST BE REMOVED BY REMOVAL DATE OR THE BUYER WILL PAY A $25 PER DAY/PER ITEMS STORAGE FEE. The Auctioneer reserves the right to sell item(s) at auction to recover storage cost. Please contact and confirm with Auctioneer if you need to make special arrangements for pick up after removal date.

SHIPPING
NO SHIPPING PROVIDED � BUYER MUST MAKE THEIR OWN ARRANGEMENTS IF THEY DESIRE SHIPPING. AUCTIONEER WILL NOT PACKAGE OR HANDLE ANY ITEMS.

CHOICE OF LAW:
The law of the State of Texas governs this agreement, and venue is proper in Tarrant County, Texas.

ADDITIONAL NOTE:
The following are property-specific Terms & Conditions that are posted online with the individual property/goods/auction items information and will override any similar terms stated in this Agreement: - Buyer�s Premium - Sale Date and Time (Beginning and Ending) - Inspection Location, Dates, and Times - Final Date of Removal - Shipping Arrangements - Special Notes/Comments/Announcements.

ONLINE BIDDING INFORMATION:
If you are participating in an online auction, the following additional terms will apply to the Auction Terms & Conditions set forth above:

If you are the winning online bidder on any item, please contact Top Auctioneers, LLC (Auctioneer) starting on the posted/documented AUCTION SALE DATE at 254-371-9388 to make settlement and pickup arrangements. We will have multiple phone calls during sale week, so PLEASE leave a voicemail if prompted or send a text message and email to info@topauctioneers.com containing your name, bidder number, and phone number along with the desired payment method. We will respond in the order received.

OBTAINING A USER NAME & PASSWORD:
Online bidding is available at www.topauctioneers.hibid.com. Click on BUYER LOGIN and then CREATE NEW ACCOUNT if you don�t already have one. Follow the instructions. It's easy! If you need assistance, feel free to contact Auctioneer at 254.371.9388.

BIDDING IN THE ONLINE AUCTION:
Once you are registered and have your User Name & Password, you may place bids as soon as a lot opens for bidding. Your bids are FINAL and constitute binding offers by the Bidder. A binding contract for the sale of property is formed only upon acceptance of the high bid by the Auctioneer in accordance with these Terms and Conditions. Please be aware that lots will close at various times and possibly on different days and may be extended. You are responsible for monitoring these close times. Please bid early and/or with a max bid to avoid disappointment. The Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of the Auctioneer. We are NOT responsible for your system malfunctions, connection to the internet, or your email client stopping any of our emails regarding bid confirmations and/or outbid notifications. An invoice will be sent to your registered email address immediately following the conclusion of the auction. Once you have received the e-invoice, contact us immediately and let us know your payment method. Refer to the �PAYMENT/SETTLEMENT� section above to make complete settlement.


Kyle C. Dykes Lic#16964 Top Auctioneers, LLC is licensed and regulated by the Texas Department of Licensing and Regulations. Compliments or complaints may be submitted to PO Box 12157 Austin, Texas 78711, (800) 803-9202.

Welcome to the Top Auctioneers Monthly Equipment Auction. PLEASE BE MINDFUL OF THE ITEM LOCATION. This online auction features quality construction equipment, farm and ranch equipment, trailers, attachments, vehicles, and commercial assets from businesses and individual consignors across Texas and beyond. New items may be added throughout the auction, so check back often for the latest consignments. Every item is marketed professionally to maximize exposure and attract competitive bidding. Register today, review the catalog, and bid with confidence. If you have equipment or business assets to sell, contact Top Auctioneers to learn how our online auction platform can help you reach qualified buyers nationwide. READ READ READ THE TERMS AND CONDITIONS.