TOP AUCTIONEERS, LLC � AUCTION TERMS AND CONDITIONS

Kyle C. Dykes, Texas License #16964
Version 3.4 | Effective for all auctions closing on or after August 7th, 2026

TOP AUCTIONEERS, LLC | KYLE C. DYKES, TEXAS LICENSE #16964

KEY TERMS AT A GLANCE

BUYER'S PREMIUM 16% for payment by credit card. 12% for all other accepted forms of payment.

SALES TAX Charged on the high bid and the buyer's premium. Exemption documents must be received before the final lot closes.

PAYMENT DUE In full when your invoice is issued. To pay by wire or check instead, email payment@topauctioneers.com by 10 AM the next business day, then deliver funds by 4:30 PM on the third business day. Otherwise your card on file is charged.

REMOVAL DEADLINE By 4:30 PM CST on the Tuesday following the auction sale date. Pickup is by appointment, requested by 5 PM Friday.

CONDITION All property is sold AS IS, WHERE IS, with all faults. All sales are final. Inspect before you bid.

IF YOU DO NOT PAY The lot is resold and you are liable for the shortfall, the buyer's premium, and all costs. You are permanently banned and reported to the bidding platform.

This summary is for convenience only. The full terms below govern. Read them.

NOTICE OF DISCLAIMER OF WARRANTIES. ALL PROPERTY IS SOLD AS IS, WHERE IS, AND WITH ALL FAULTS. AUCTIONEER AND SELLER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. BIDDER IS SOLELY RESPONSIBLE FOR DETERMINING THE CONDITION, AGE, AUTHENTICITY, HOURS, MECHANICAL SOUNDNESS, AND VALUE OF ANY PROPERTY. BIDDER IS RELYING ON BIDDER'S OWN INSPECTION AND JUDGMENT AND NOT ON ANY STATEMENT BY AUCTIONEER OR SELLER. ALL SALES ARE FINAL.

Thank you for participating in this Top Auctioneers, LLC auction. We appreciate your business, and we run a clean sale. Read these terms in full before you bid. Placing a bid means you have agreed to every term below.

1. AGREEMENT TO THESE TERMS

The auction is conducted by Top Auctioneers, LLC ("Auctioneer") on behalf of the owners or rightful sellers of the property ("Seller"). The person or entity registering, bidding, or purchasing is the "Bidder" or "Buyer," and that term includes the company the individual represents and its agents, employees, representatives, officers, and directors.

Submitting a bid constitutes acceptance of these Terms and Conditions, any property specific terms posted with a lot, and any posted announcements or written addenda issued by Auctioneer. Where property is offered in lots, each lot is the subject of a separate sale.

A bid is a binding offer to purchase. A binding contract of sale is formed only when Auctioneer accepts the high bid by closing the lot as sold, issuing an invoice, or otherwise confirming acceptance in writing. Until that moment Auctioneer has not accepted any bid and no sale has occurred.

WITHDRAWAL OF A BID. A Bidder who wishes to withdraw a bid before the lot closes must submit the request in writing to Auctioneer at payment@topauctioneers.com, identifying the Bidder, the bidder number, and the lot. Bids are not withdrawn by telephone, by text message, or by any action taken on the bidding platform. Withdrawal of a bid does not revive any previous bid on that lot, and Auctioneer may relist, extend, reopen, or withdraw the affected lot. Repeated or bad faith bid withdrawal is grounds for forfeiture of any deposit, suspension, and permanent removal of bidding privileges under Section 6 and Section 11.

The POSTED AUCTION SALE DATE is the sale or closing date and time published on www.topauctioneers.com, www.topauctioneers.hibid.com, or other Top Auctioneers marketing material. The sale closes when Auctioneer or Auctioneer's software closes bidding on the final lot in that sale.

Auctioneer may revise these Terms and Conditions, effective on posting. Revisions do not apply retroactively to bids already placed. It is the Bidder's responsibility to review the terms in effect before bidding.

Auctioneer is not responsible for the acts, representations, or omissions of the Seller, or for statements made by any Bidder or third party.

2. ENTIRE AGREEMENT

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

The following property specific terms are posted with the individual lot information and override any similar term stated here:

Buyer's Premium and payment method terms
Sale date and time, opening and closing
Inspection location, dates, and times
Final date of removal
Shipping arrangements
Special notes, comments, and announcements
3. CONDITION OF PROPERTY AND NO WARRANTY

The disclaimer at the front of this document is incorporated here in full. In addition:

All information provided by Auctioneer, including hours, year, model, serial numbers, and condition notes, is believed to be correct but is provided without warranty of any kind. Auctioneer passes along information supplied by the Seller or Consignor and does not guarantee or independently verify it. Photographs and video are illustrative and are not a substitute for inspection.

Auctioneer is not liable for any defect in or condition of the property or of the premises on which a preview or sale is held. Persons attending, inspecting, or removing property do so at their own risk and release Auctioneer and Seller from liability for damage or loss to person or property, except for loss caused by Auctioneer's gross negligence or willful misconduct.

Auctioneer reserves the right to add or withdraw any property from the auction, to regroup or re-lot items, and to sell property absolute or with reserve at the Seller's direction.

4. INSPECTION

Bidders are strongly encouraged to personally inspect any property before bidding. Auctioneer will make property available for inspection at a place and time set by appointment or announced on Auctioneer's website. Using your own knowledge and experience, form your own opinion of the property and bid accordingly. If you are in doubt, do not bid.

5. RESERVE LOTS

Certain property may be offered subject to a reserve price established by the Seller. Unless a lot is expressly published as ABSOLUTE, it is offered with reserve. Reserve prices may be undisclosed and remain confidential.

NOTICE OF SELLER BIDDING. On a lot offered with reserve, and only on such a lot, liberty to bid on behalf of the Seller is expressly reserved. Auctioneer may place bids on behalf of the Seller up to but not exceeding the reserve price, as permitted by applicable law. NO BID IS EVER PLACED BY OR ON BEHALF OF THE SELLER ON ANY LOT PUBLISHED AS ABSOLUTE. If the reserve is not met, Auctioneer may withdraw the property, declare it unsold, or negotiate a sale with the highest bidder subject to Seller approval. On a lot offered with reserve, the high bid does not constitute an accepted sale unless and until Auctioneer closes the lot as sold, issues an invoice, or otherwise confirms acceptance.

A lot published as ABSOLUTE is offered without reserve. Once bidding opens on an absolute lot, that lot will not be withdrawn unless no bid is received within a reasonable time, and it will be sold to the highest bidder.

Auctioneer may reopen bidding on any lot in the event of a tie bid, bidding discrepancy, clerical error, technical issue, or any other circumstance that, in Auctioneer's reasonable judgment, affects the fairness or integrity of the auction.

6. BIDDER REGISTRATION AND BIDDING ELIGIBILITY

Bidders must be 18 years of age or older and must register for the auction. Registration information must be current, complete, and accurate. Auctioneer does not sell or rent registration information. Auctioneer uses email and mailing lists to notify customers of upcoming auctions; contact the office to be removed.

Bidders are responsible for the security of their bidder number, user name, and password, and for all bids placed under that account. Notify Auctioneer immediately if you believe your credentials have been compromised. Registration is not transferable or assignable.

A valid credit card must be on file at registration and Auctioneer is authorized to place an authorization hold on that card. Auctioneer may require, at its discretion and as a condition of bidding:

A refundable bid deposit of $500.00 from any Bidder without established purchase history with Auctioneer.
Verified funding, a bank letter of credit or guarantee, or a wire deposit before bidding privileges are granted.
Auctioneer may terminate a registration, deny any person access to bid, reject any bid, and suspend or ban a Bidder, at Auctioneer's discretion. Refundable deposits are returned within five business days after the auction closes to any Bidder who does not win or who settles in full.

7. BIDDING AND LOT CLOSING

Read the description of each lot and view the photographs carefully. If you have questions, call Top Auctioneers, LLC at 254.371.9388 before bidding, not after.

A maximum bid may be placed on any lot. Maximum bids are confidential, and the Bidder authorizes Auctioneer to bid on the Bidder's behalf up to that amount. Upon the sale of property, identifying information and the purchase amount may be posted for a period of time.

EXTENDED BIDDING (SOFT CLOSE). Lots close on a staggered schedule and are subject to extended bidding. If a bid is placed on a lot within the closing window, that lot's closing time is automatically extended, and each subsequent bid within the window extends it again. Extensions continue until the window passes with no further bidding. It is the Bidder's responsibility to monitor closing times.

The length of the closing window and of each extension is set by Auctioneer for each auction and is displayed on the bidding platform with the lot. Extensions are not capped and continue for as long as bidding continues within the window. A lot does not close while extended bidding is active on that lot.

Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, connectivity failures, and similar issues occur and are outside Auctioneer's control. Auctioneer is not responsible for a Bidder's system, internet connection, or email client blocking bid confirmations or outbid notices. Auctioneer may extend, reopen, suspend, or cancel bidding on any lot affected by a platform interruption.

Questions and disputes regarding a lot must be raised promptly and before removal. Auctioneer will resolve disputes regarding bidding, Bidder eligibility, lot descriptions, announcements, internet interruptions, clerical errors, and reserve status reasonably and in good faith, and Auctioneer's determination is final as to the conduct of the auction. Nothing in this paragraph waives any right or remedy a party has under Texas law.

8. BUYER'S PREMIUM AND PAYMENT METHOD PRICING

A buyer's premium is added to the high bid and becomes part of the purchase amount at settlement. The high bid plus the buyer's premium is the "total purchase price." Sales tax is charged on the total purchase price.

A SIXTEEN PERCENT (16%) buyer's premium applies to payment by credit card. A TWELVE PERCENT (12%) buyer's premium applies to all other accepted forms of payment, being wire transfer, cashier's check, and approved check. The applicable premium is determined by the payment method actually used at settlement.

9. TAXES

Buyer must 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 as a result of the purchase, including any tax arising from the buyer's premium. Taxes are charged on both the high bid and the buyer's premium.

To claim an exemption, Buyer must supply a sales tax exemption certificate acceptable in form, scope, and substance to Auctioneer. This may include a properly executed and valid resale certificate qualifying the Buyer for exemption in the state where the property is located, or, where applicable, a common carrier bill of lading reflecting shipment directly out of state. No property is released until settlement is made in full and tax has been paid or acceptable exemption documents have been provided. Taxes are not refunded once collected.

In the event of a conflict, Buyer pays the tax to Auctioneer and seeks reimbursement directly from the appropriate taxing authority. The local tax rate is applied to every invoice without proper exemption documentation.

Exemption deadlines:

a. Onsite and hybrid auctions: exemption credentials must be presented at settlement on the day of the auction sale.

b. Online auctions: exemption documents must be emailed to TAXEXEMPT@TOPAUCTIONEERS.COM before the final lot of the sale closes. The email timestamp governs and this deadline is strictly enforced.

10. PAYMENT AND SETTLEMENT

An invoice is sent to each Bidder's registered email at the conclusion of the auction, with the ability to pay online. PAYMENT IS DUE IN FULL UPON ISSUANCE OF THE INVOICE.

ALTERNATE PAYMENT ARRANGEMENT. A Buyer who intends to pay by wire transfer, cashier's check, or approved check must email payment@topauctioneers.com stating the Buyer's name, bidder number, invoice number, and the payment method to be used. That email must be received no later than 10:00 AM CST on the first business day following the auction sale date.

On timely receipt of that email, Auctioneer will not charge the card on file, and the Buyer's funds must be received in full and cleared no later than 4:30 PM CST on the third business day following the auction sale date. The twelve percent (12%) buyer's premium applies only if qualifying funds are actually received within that period.

If no alternate payment email is received by 10:00 AM CST on the first business day following the auction sale date, Auctioneer is authorized to charge the credit card on file for the full balance due at the sixteen percent (16%) buyer's premium, including applicable tax.

If a Buyer requests an alternate payment arrangement and qualifying funds are not received by the deadline, Auctioneer may charge the card on file at the sixteen percent (16%) buyer's premium, or declare the Buyer in default under Section 11, or both.

Accepted payment methods:

A. Wire transfer, subject to a $15 wire fee. 12% buyer's premium applies.

B. Credit card. 16% buyer's premium applies.

C. Cashier's check, or a company or personal check from a Buyer who has met Auctioneer's requirements and been added to the Approved Check List before the auction. Auctioneer may require any check to be accompanied by an official bank letter of credit or guarantee regardless of amount. Checks are payable to Top Auctioneers, LLC. 12% buyer's premium applies.

Settlement must be made in full, in U.S. currency or with funds drawn on a U.S. bank, and paid directly to Top Auctioneers, LLC. Payment to any other source is not recognized as settlement. No property is released until funds have been received and cleared.

Stop payment orders will not be honored. A payment method that is declined, a check returned for insufficient funds, payment stopped, or account closed, or any payment that fails to clear, places the Buyer in default under Section 11. Under Texas law, a party issuing a check that is not paid is subject to all available legal and equitable remedies, including interest, court costs, and attorney fees, and Auctioneer will pursue collection in any jurisdiction necessary at the Buyer's expense.

11. BUYER DEFAULT, RESALE, AND DEFICIENCY

A Buyer is in default if payment in full is not received within the time required, if a payment method fails or is reversed, or if the Buyer fails to remove the property by the removal deadline. Auctioneer will notify the Buyer of default by email to the registered address.

Upon default, Auctioneer may exercise any or all of the following remedies:

a. Cancel the sale of any or all lots awarded to the Buyer.

b. Award the lot to the next highest bidder at that bidder's bid.

c. Resell the property publicly or privately, in a commercially reasonable manner, without further notice to the Buyer.

d. Recover from the defaulting Buyer the difference between the defaulted purchase price and the price obtained on resale, plus the buyer's premium that would have been earned on the original sale, plus all costs of resale, storage, transportation, chargeback fees, collection costs, court costs, and reasonable attorney fees.

e. Retain and apply any deposit against amounts owed.

f. Charge any card on file for amounts owed.

g. Suspend or permanently ban the Buyer, and any account, entity, or individual affiliated with the Buyer, from all future Top Auctioneers auctions, and report the default to the bidding platform and to other auction companies and industry reporting services.

These remedies are cumulative and are in addition to every other remedy available at law or in equity. Auctioneer is not required to elect among them.

Amounts owed and unpaid bear interest from the date of default at the maximum rate permitted by Texas law until paid. It is not the intent of Auctioneer to charge any amount in excess of the maximum permitted by applicable law, and any charge that would exceed that maximum is automatically reduced to the maximum lawful amount.

12. CREDIT CARD AUTHORIZATION AND PAYMENT DISPUTES

Bidders providing a deposit or payment by credit card further agree as follows:

1) Bidder represents that Bidder is the authorized cardholder or has the cardholder's express authority to use the card.

2) Bidder grants Auctioneer the right to authorize the card for the deposit and for the amounts necessary to secure the Bidder's purchases, and to capture those authorizations.

3) A credit card authorization is not sufficient to secure purchases over $10,000. For purchases above that amount, Bidder shall provide the additional deposit in another acceptable payment form.

4) Card authorizations are subject to a hold of several days by the Bidder's card issuer, which is not within Auctioneer's control to release.

5) Where Auctioneer has delivered the property or made it available for pickup and the Buyer has been invoiced, initiating a chargeback is a breach of these Terms. Buyer agrees to reimburse and indemnify Auctioneer for the disputed amount, the buyer's premium, any chargeback or processor fees assessed, collection costs, and reasonable attorney fees. This paragraph does not purport to limit any right the cardholder holds against the card issuer under applicable law or card network rules.

13. RISK OF LOSS AND TITLE

RISK OF LOSS AND DAMAGE PASSES TO THE BUYER AT THE MOMENT THE LOT IS CLOSED AS SOLD. From that moment the Buyer is responsible for insuring the property. Auctioneer has no responsibility for missing or lost items or for damage occurring after that time, including damage due to acts of God.

Because property frequently remains at the Seller's location until pickup, the party in possession of the property shall exercise reasonable care to preserve and protect it from the close of the lot until the Buyer takes possession. If property is materially damaged, lost, or rendered materially different from its condition at the close of the lot while it remains in the possession of the Seller or Auctioneer, the Buyer may elect to cancel the purchase of that lot and receive a full refund of the purchase price, buyer's premium, and tax paid on it. That refund is the Buyer's sole and exclusive remedy in that circumstance, and the Buyer waives any claim for repair cost, diminished value, replacement, transportation, or lost use.

Title to titled property is assigned to the Buyer. NO OPEN TITLES will be issued. Auctioneer will deliver assigned title to the Buyer once payment has been received and cleared and any lienholder payoff has been satisfied.

Auctioneer will deliver assigned title to the Buyer within ten (10) business days after the later of (a) collected funds becoming available and (b) satisfaction of any lienholder payoff and release. Where a Seller or lienholder delays delivery of title to Auctioneer, Auctioneer will notify the Buyer and may, at Auctioneer's election, cancel the sale and refund the Buyer in full, which is the Buyer's sole remedy for a title delay.

14. REMOVAL OF PROPERTY

Pickup after the auction sale date is by appointment only. Auctioneer does not hold open hours for buyers without appointments, and doors are closed on Sundays.

Request your pickup appointment by emailing pickup@topauctioneers.com no later than 5 PM CST on the Friday following the auction sale date.
Scheduling after that time results in a $50 scheduling fee, and pickup will be coordinated at Auctioneer's availability.
All property must be removed by 4:30 PM CST on the Tuesday following the auction sale date (the "Removal Date") unless other arrangements are made in writing.
No property is removed until the full purchase price and all applicable taxes have been received in the form required. There is no removal of any property until the auction is complete.

Buyer is responsible for the safe and proper removal of the property, including any tear down required to move it, and for all lifting, towing, hauling, and transportation. Auctioneer does not pack, ship, store, crate, or rig items. NO SHIPPING IS PROVIDED. Buyers must make their own arrangements.

A Buyer may use a third party agent for removal. Before releasing property to an agent, Auctioneer requires proof of payment in full and either a signed Agent Release Authorization or a copy of photo identification matching the Buyer's name.

Buyer shall restore and repair any real or personal property altered or damaged in the course of removal. Auctioneer has no responsibility to disconnect utilities, including electric, gas, waste, and water lines. Buyer is solely responsible for properly removing and containing all fluids, oils, and hazardous materials from the property purchased.

Buyer indemnifies Auctioneer, Seller, the Consignor, and the owner of the premises where the property is located against all claims, damages, and losses arising from Buyer's actions and Buyer's presence on the premises, including injuries to persons or property and environmental violations or contamination.

15. STORAGE AND ABANDONMENT

Property not removed by the Removal Date accrues a storage charge of $25.00 per item per day, which is payable before release.

If property remains on the premises more than fifteen (15) days after the Removal Date, Auctioneer will send written notice to the Buyer's registered email and mailing address stating the amount owed and a deadline for removal not less than ten (10) days from the date of notice. If the property is not removed and all charges paid by that deadline, the property is deemed abandoned and Auctioneer may resell or dispose of it and apply the proceeds to storage charges and costs, remitting any surplus to the Buyer.

16. GOVERNING LAW AND VENUE

These Terms and Conditions are governed by the laws of the State of Texas. Venue for any dispute is proper exclusively in the state or federal courts located in Tarrant County, Texas. The prevailing party in any action to enforce these Terms is entitled to recover its reasonable attorney fees and costs.

17. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, AUCTIONEER'S TOTAL LIABILITY TO ANY BIDDER OR BUYER ARISING FROM OR RELATING TO THIS AUCTION, ANY LOT, OR THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE BUYER'S PREMIUM AND COMMISSION ACTUALLY RECEIVED BY AUCTIONEER ON THE LOT GIVING RISE TO THE CLAIM.

AUCTIONEER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, LOSS OF USE, DOWNTIME, RENTAL OR REPLACEMENT COSTS, OR TRANSPORTATION COSTS, ARISING FROM OR RELATING TO ANY LOT OR THIS AUCTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Auctioneer makes no representation or guarantee that any lot will sell, that any particular price will be realized, or that any marketing result will be achieved. Nothing in this section limits liability for fraud, gross negligence, or willful misconduct, or waives any right that may not be limited or waived under applicable law.

18. SEVERABILITY

If any provision of these Terms and Conditions is held invalid or unenforceable, the remaining provisions remain in full force and effect, and any provision held invalid only in part remains effective to the extent not held invalid.

ONLINE BIDDING INFORMATION

Online bidding is available at www.topauctioneers.hibid.com. Click BUYER LOGIN, then CREATE NEW ACCOUNT, and follow the instructions. For assistance, call 254.371.9388.

Winning bidders should contact Top Auctioneers, LLC beginning on the posted auction sale date at 254-371-9388 to make settlement and pickup arrangements. We handle a high call volume during sale week, so please leave a voicemail if prompted, or send a text message and an email to payment@topauctioneers.com with your name, bidder number, phone number, and payment method. We respond in the order received.

Kyle C. Dykes, License #16964

Kyle C. Dykes is a licensed Texas auctioneer, License #16964, licensed and regulated by the Texas Department of Licensing and Regulation. Compliments or complaints regarding a live bid auction may be submitted to PO Box 12157, Austin, Texas 78711, (800) 803-9202. Under Texas law, auctions conducted entirely over the Internet are exempt from Chapter 1802 of the Texas Occupations Code. Questions or concerns regarding an online auction should be directed to Top Auctioneers, LLC at the contact information below.

Top Auctioneers, LLC | PO Box 470787, Fort Worth, Texas 76147 | (254) 371-9388 | kyle@topauctioneers.com

Welcome to the Top Auctioneers Texas Equipment Auction for August 27th. 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.