BIDDER TERMS & CONDITIONS
Live, Online & Simulcast Auctions

PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING OR BIDDING. BY REGISTERING FOR AN AUCTION, ACCEPTING A BIDDER NUMBER, CLICKING TO ACCEPT THESE TERMS, OR PLACING A BID, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, TOGETHER WITH ANY AUCTION-SPECIFIC TERMS OR ANNOUNCEMENTS.

For purposes of these Terms and Conditions, "Midway Auction Company," "Midway," "Auctioneer," "we," "us," and "our" refer to Midway Auction Company. "Bidder," "Buyer," "you," and "your" refer to any person or entity registering for or participating in an auction.

1. ACCEPTANCE OF TERMS

Registration for or participation in any Midway Auction Company live, online, or simulcast auction constitutes the Bidder's acceptance of these Terms and Conditions.

Each Bidder represents that the information provided during registration is accurate and that the Bidder is legally authorized to enter into binding contracts and, when bidding on behalf of a business or another person, is authorized to bind that business or person.

A bid is a binding offer to purchase the lot at the amount bid, subject to these Terms and Conditions. Bidders should not place a bid unless they intend and are financially able to complete the purchase.

2. AUCTION FORMAT AND RESERVE

Unless expressly announced or advertised otherwise, auctions and individual lots are conducted with reserve.

Midway Auction Company and the seller reserve all rights permitted by applicable law, including the right to reject bids, withdraw lots from sale before completion of the sale, group or separate lots, and otherwise conduct the auction in a commercially reasonable manner.

The Auctioneer controls the conduct of the auction and the determination of the successful bidder.

3. LIVE, ONLINE AND SIMULCAST BIDDING

Midway Auction Company may accept bids from the auction floor, through an online bidding platform, by absentee bid, or through other approved bidding methods.

Online and simulcast bidders acknowledge that internet bidding involves technology outside Midway's complete control. Internet connections, computers, servers, software, bidding platforms, cellular service, and other systems may experience delays, interruptions, errors, or failures.

The Auctioneer's determination of the bidding record and successful bidder shall control in the event of a discrepancy between an online platform and the Auctioneer's records, to the fullest extent permitted by law.

Midway Auction Company is not responsible for a Bidder's inability to place or transmit a bid because of internet interruption, platform delay, equipment malfunction, user error, or other technical problem outside Midway's reasonable control.

Online bidders are encouraged to place bids sufficiently in advance and not rely upon a bid being transmitted during the final seconds of bidding.

4. DISPUTED BIDS

The Auctioneer has sole discretion, subject to applicable law, to resolve disputes concerning bids or the identity of the successful bidder.

The Auctioneer may, when appropriate, reopen bidding, continue bidding, withdraw a lot, or re-offer a lot.

In the event of an identical or substantially simultaneous floor and online/absentee bid, the Auctioneer's determination of which bid was received first or is entitled to precedence will control.

5. BUYER'S PREMIUM

A Buyer's Premium will be added to the successful bid price of each lot.

Unless different auction-specific terms are announced:

Online Buyers: 15% Buyer's Premium
Onsite Buyers: 10% Buyer's Premium

The Buyer's Premium is part of the total purchase price and is due from the Buyer in addition to the successful bid amount.

Any different Buyer's Premium specifically disclosed for an individual auction will supersede the percentages stated above.

6. SALES TAX

Applicable sales or use tax will be collected as required by law.

Indiana's current state sales tax rate is 7%; however, the tax treatment of a particular transaction may vary depending upon the property, location of the sale, purchaser, delivery destination, exemption, or other circumstances.

A Buyer claiming an exemption must provide Midway Auction Company with all properly completed exemption documentation required by law before the transaction is processed as exempt.

The Buyer is responsible for providing accurate exemption information and documentation.

7. PAYMENT AND AUTHORIZATION TO CHARGE CARD

Payment is due immediately upon conclusion of the auction unless Midway Auction Company has expressly agreed to different payment arrangements in writing.

By registering for an auction and providing a credit or debit card, the Bidder expressly authorizes Midway Auction Company and/or its payment processor to charge the card on file for amounts legitimately due under these Terms, including the winning bid price, Buyer's Premium, applicable taxes, and other charges that were properly disclosed and incurred in connection with the Buyer's purchases.

Midway may process the card on file following the auction without obtaining an additional signature or authorization from the Buyer, to the extent permitted by applicable law and payment-network rules.

Declining, replacing, locking, canceling, or otherwise preventing use of the card provided during registration does not relieve the Buyer of the contractual obligation to pay amounts properly due.

All purchases must be paid in full before property may be removed, released, transferred, or shipped.

Midway Auction Company may require certified funds, wire transfer, cash, or another approved payment method for particular transactions or Buyers.

8. CREDIT CARD DISPUTES AND CHARGEBACKS

A Buyer who believes a charge is incorrect, unauthorized, or otherwise disputed is requested to contact Midway Auction Company promptly so that the matter may be investigated and, when appropriate, corrected.

Initiating a credit card dispute or chargeback does not, by itself, cancel the auction sale or eliminate a Buyer's contractual obligation to pay amounts lawfully owed.

The Buyer acknowledges that Midway Auction Company may respond to a payment dispute by providing the card issuer, payment processor, auction platform, or other appropriate party with records relating to the transaction, including, as applicable, the Buyer's registration and acceptance of these Terms, bidding history, invoices, payment records, communications, photographs, pickup records, shipping records, delivery confirmation, and other evidence relevant to the transaction or dispute.

Nothing in this section is intended to waive or restrict any right that cannot lawfully be waived or restricted under applicable law or payment-network rules.

9. ALL SALES FINAL - AS-IS, WHERE-IS

ALL PROPERTY IS SOLD AS-IS, WHERE-IS, WITH ALL FAULTS AND WITHOUT WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW.

To the fullest extent permitted by law, neither Midway Auction Company nor the seller makes any warranty or representation concerning merchantability, fitness for a particular purpose, condition, quality, age, year, model, mileage, hours, dimensions, quantity, completeness, authenticity, provenance, authorship, origin, value, safety, functionality, or suitability of any lot.

Descriptions, photographs, videos, measurements, mileage, hours, quantities, serial numbers, model numbers, and other information are provided as a convenience to bidders and represent Midway Auction Company's good-faith effort to identify and describe the property.

Such information is not a substitute for the Bidder's own inspection and investigation.

10. INSPECTION AND BIDDER RESPONSIBILITY

Bidders are strongly encouraged to personally inspect property before bidding.

Property will be made available for inspection during announced inspection periods when applicable. Bidders may contact Midway Auction Company before bidding to request additional information or photographs when reasonably available.

BY BIDDING, THE BIDDER ACKNOWLEDGES THAT THE BIDDER HAS EITHER INSPECTED THE PROPERTY OR VOLUNTARILY ELECTED TO BID WITHOUT INSPECTION AND IS SATISFIED WITH THE PROPERTY'S CONDITION AND DESCRIPTION.

A Bidder's failure to inspect an item does not create a right to cancel the sale.

No sale will be rescinded, refunded, or adjusted solely because of a catalog error, incorrect description, omitted defect, photographic difference, or imperfection that reasonable pre-auction inspection could have revealed, except as otherwise required by applicable law.

11. PICKUP AND REMOVAL

All purchased property must be paid for in full before removal.

Pickup dates, times, and locations will be provided for each auction. Buyers are responsible for monitoring the email address and mobile telephone number provided during registration for pickup instructions.

Midway Auction Company may use a third-party scheduling or logistics service to coordinate pickup appointments.

THE BUYER IS RESPONSIBLE FOR SCHEDULING AND COMPLETING PICKUP DURING THE ANNOUNCED REMOVAL PERIOD.

Buyers must bring sufficient labor, tools, equipment, packing materials, and an appropriate vehicle to safely remove their purchases.

Midway personnel may, as a courtesy and when available, assist with loading. Any assistance is provided without assumption of responsibility for damage to the purchased property, Buyer's vehicle, trailer, equipment, or other property, except to the extent liability cannot legally be excluded.

The Buyer assumes responsibility for safely disconnecting, dismantling, loading, securing, and transporting purchased property.

12. FAILURE TO PICK UP - STORAGE AND ABANDONED PROPERTY

A Buyer's failure to pick up property during the announced removal period does not relieve the Buyer of the obligation to pay for the purchase.

Property not removed by the deadline may, at Midway Auction Company's discretion and subject to applicable law, be moved, stored, or otherwise handled at the Buyer's risk and expense.

Midway may assess reasonable storage, handling, moving, transportation, and related charges when disclosed or otherwise permitted by law.

If purchased property remains unclaimed after the removal deadline and after any notice or waiting period required by applicable law, Midway Auction Company may exercise any remedy available under applicable law, which may include treating the property as abandoned, reselling it, disposing of it, or arranging continued storage.

The Buyer remains responsible for amounts lawfully due, including reasonable expenses caused by the Buyer's failure to timely remove the property.

13. SHIPPING

Shipping availability varies by auction and by lot. DO NOT ASSUME THAT AN ITEM CAN BE SHIPPED UNLESS SHIPPING IS OFFERED FOR THAT ITEM OR APPROVED BY MIDWAY AUCTION COMPANY.

When shipping is available, Buyers must follow the shipping instructions sent by email and/or text message following the auction.

Pickup and shipping scheduling, payment, tracking, and related communications may be handled through a third-party logistics or shipping service designated by Midway Auction Company.

The Buyer is responsible for all shipping, packing, insurance, handling, freight, and other applicable logistics charges.

Any shipping or handling fee applicable to a particular auction will be disclosed in the auction-specific terms, shipping communication, or shipping quote.

Purchased property will not be shipped until required auction charges and applicable shipping/logistics charges have been paid.

Midway Auction Company may refuse to ship property that is oversized, unusually fragile, hazardous, restricted, prohibited by a carrier, or otherwise unsuitable for ordinary shipment.

When a third-party carrier, shipper, or logistics provider is used, claims for loss or damage occurring while the property is in that third party's custody may be subject to that provider's terms and claims procedures.

14. RISK OF LOSS

To the fullest extent permitted by applicable law, risk of loss for purchased property passes to the successful Buyer upon completion of the sale.

Midway Auction Company will exercise reasonable care while property remains in its possession but is not an insurer of purchased property.

Buyers are responsible for obtaining insurance when appropriate.

15. FIREARMS

Midway Auction Company is a Federal Firearms Licensee ("FFL").

All firearm transactions are subject to applicable federal, state, and local laws and regulations.

A $15.00 FFL transfer fee will be charged for each firearm transfer unless different auction-specific terms are announced.

Firearms will not be released until all legally required procedures have been completed.

Firearms purchased by Buyers who cannot lawfully receive the firearm directly from Midway Auction Company must be transferred or shipped to an appropriately licensed FFL as required by law.

The Buyer is responsible for providing accurate receiving-FFL information and for all applicable shipping, transfer, background-check, and other lawful fees.

A SUCCESSFUL BID DOES NOT GUARANTEE THAT A BUYER IS LEGALLY ELIGIBLE TO TAKE POSSESSION OF A FIREARM.

If a Buyer cannot legally receive a firearm, the disposition of that firearm and any refund, resale, consignment, or related charges will be handled in accordance with applicable law and the auction-specific terms.

16. BUYER DEFAULT

A Buyer is in default if the Buyer fails to timely pay amounts due, refuses to complete a purchase, fails to remove property as required, provides false registration or exemption information, or otherwise materially breaches these Terms.

Upon default, Midway Auction Company may exercise any remedy available under applicable law, which may include:

canceling the Buyer's bidding privileges;
suspending or permanently banning the Buyer from future auctions;
retaining amounts properly applicable to damages or amounts owed;
reselling purchased property at public or private sale when legally permitted;
recovering any deficiency between the Buyer's purchase obligation and the net proceeds of resale;
recovering reasonable storage, moving, handling, resale, collection, and other costs caused by the default; and
pursuing other available legal or equitable remedies.

Any resale of property following Buyer default does not necessarily release the defaulting Buyer from liability for a remaining deficiency.

17. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Midway Auction Company's liability arising from the sale of a particular lot shall not exceed the amount actually paid to Midway Auction Company by the Buyer for that lot.

To the fullest extent permitted by applicable law, Midway Auction Company will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from an auction transaction.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

18. INDEMNIFICATION

To the fullest extent permitted by law, the Buyer agrees to defend, indemnify, and hold harmless Midway Auction Company and the seller from claims, liabilities, damages, and reasonable expenses arising from the Buyer's removal, transportation, possession, operation, modification, or use of purchased property, including the Buyer's failure to comply with applicable safety requirements or federal, state, or local law.

This provision does not require a Buyer to indemnify Midway Auction Company for liability that applicable law prohibits Midway from transferring to the Buyer.

19. AUCTION-SPECIFIC TERMS AND ANNOUNCEMENTS

Each auction may contain additional terms relating to pickup, shipping, payment methods, Buyer's Premium, taxes, particular categories of property, or other auction-specific matters.

Any lawful auction-specific term or announcement made before or during the auction will supplement these Terms.

If an auction-specific term directly conflicts with these general Terms, the more specific auction term will control with respect to that auction.

Bidders are responsible for reviewing auction-specific terms and announcements before bidding.

20. ERRORS AND CORRECTIONS

Midway Auction Company reserves the right to correct clerical, typographical, computational, invoicing, or other administrative errors.

An obvious clerical or mathematical error does not create an entitlement to an unintended price, refund, payment, or benefit.

Any correction will be made in good faith and consistent with applicable law.

21. RECORDS

The Buyer's electronic registration, acceptance of these Terms, bidding history, auction-platform records, invoices, payment records, emails, text messages, pickup records, shipping records, and other transaction records may be retained as business records and used to establish the parties' transaction and performance, subject to applicable law.

Electronic records and electronic acceptance may be used to evidence the Buyer's agreement to these Terms.

22. GOVERNING LAW AND VENUE

These Terms and any transaction with Midway Auction Company shall be governed by the laws of the State of Indiana, without regard to conflict-of-law principles, except where federal law controls.

To the extent permitted by applicable law, any legal action arising from an auction or these Terms shall be brought in a court of competent jurisdiction in the Indiana county in which Midway Auction Company's principal place of business is located, and the parties consent to jurisdiction and venue there.

23. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions shall remain in effect.

24. NO WAIVER

Midway Auction Company's failure to enforce any provision on one occasion does not waive its right to enforce that provision or any other provision on another occasion.

25. ENTIRE AGREEMENT

These Terms, together with applicable auction-specific terms, published lot information, and lawful announcements or addenda, constitute the terms governing the Bidder's participation and purchases.

No oral statement that directly contradicts these written Terms will modify them unless made or confirmed by an authorized representative of Midway Auction Company as an auction-specific amendment.

26. ACKNOWLEDGMENT

BY REGISTERING, ACCEPTING A BIDDER NUMBER, CLICKING "ACCEPT," OR PLACING A BID, THE BIDDER ACKNOWLEDGES THAT THE BIDDER HAS READ, UNDERSTANDS, AND AGREES TO THESE TERMS AND CONDITIONS AND ANY APPLICABLE AUCTION-SPECIFIC TERMS.

DO NOT BID IF YOU DO NOT AGREE TO THESE TERMS.

New Clothing Auction Midway Auction Company 554 West State Road 42 Mooresville, IN 46158 Browse & Bid Today:midwayauction.hibid.com Auction Schedule Preview: Tuesday through Friday, 10:00 AM 3:00 PM Auction Closes: Saturday, November 7th at 5:30 PM Pickup: Monday, November 9th 9:00 AM 5:00 PM, YOU MUST PICKUP ON FRIDAY NO EXCEPTIONS!!!! Pickup & Shipping Information All winning bidders will receive an email and/or text message from Shipping Saint following the close of the auction. If you are picking up your items: You must use the Shipping Saint link to select your preferred pickup date and time. Scheduling your pickup allows us to have your items ready and helps reduce wait times for all customers. If you require shipping: You must use the Shipping Saint link to request shipping. Shipping Saint will coordinate your shipment, collect payment for shipping, packing materials, and handling, and provide tracking information once your package has been shipped. We make every effort to keep shipping and packaging costs as low as possible while ensuring your items arrive safely. Important Pickup Information: -Please bring your own help to load large or heavy items into your vehicle. -Bring your own boxes, totes, bags, and packing materials for transporting your purchases. -If an item requires disassembly for transport, please bring the necessary tools. Auction Terms: We strongly encourage all bidders to inspect items during the preview or by scheduling an appointment before the auction. It is the bidder's responsibility to determine the condition, age, authenticity, value, and suitability of all items before bidding. Descriptions and photographs are provided as a courtesy and are intended only as a guide. All property is sold AS IS, WHERE IS, with no warranties or guarantees, expressed or implied. Bidders who fail to pay for their purchases, fail to schedule a pickup or shipping request, or fail to communicate with Midway Auction Company regarding their purchases may be permanently suspended from participating in future auctions. We appreciate your business and look forward to serving you! Carl Gilbert, Auctioneer AU19600002