These Buyer Terms & Conditions apply to all purchases made through Post Falls Auto Auction (�PFAA�), whether bidding occurs in person, online, by proxy, or by any other method accepted by PFAA.

By registering to bid, participating in an auction, or placing a bid, the bidder (�Bidder� or �Buyer�) acknowledges and agrees to the following terms.

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## 1. BIDDER REGISTRATION & AGE REQUIREMENT

All bidders must be at least eighteen (18) years of age to register for or participate in any PFAA auction.

**BY REGISTERING TO BID, BIDDER REPRESENTS, WARRANTS, AND CERTIFIES THAT BIDDER IS AT LEAST EIGHTEEN (18) YEARS OF AGE.**

Registration for an auction and/or use of an assigned bidder number, bidder account, username, or other bidding credentials constitutes Bidder's acknowledgment that Bidder has received, read, understands, and agrees to be legally bound by these Terms & Conditions.

Bidder is responsible for all bids placed using Bidder's number, account, or bidding credentials. Bidder numbers and accounts may not be shared, transferred, or used by another person without prior approval from PFAA.

Any person who provides false or misleading registration information may be denied bidding privileges and may be subject to any other remedies available to PFAA.

PFAA reserves the right to refuse registration, bidding privileges, or participation to any person at its discretion, subject to applicable law.

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## 2. BIDS ARE BINDING

**ALL BIDS ARE FINAL AND BINDING.**

Bidder is responsible for purchasing every item awarded to Bidder during the auction.

A winning bid constitutes a binding agreement to purchase the item. Buyer may not cancel, rescind, withdraw, dispute, or challenge a purchase because of Buyer's failure to inspect the item, later dissatisfaction with the item, discovery of defects, repair costs, condition, value, or any other matter that Buyer could have investigated before bidding, except to the extent otherwise required by applicable law.

Bidder is responsible for knowing what Bidder is bidding on before placing a bid.

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## 3. AUCTION PROCEDURES

Unless expressly announced otherwise, auctions conducted by PFAA are with reserve.

PFAA and/or the auctioneer reserves the right, to the extent permitted by law, to reject any bid, withdraw any lot prior to completion of the sale, determine the successful bidder, resolve bidding disputes, reopen bidding, correct clerical or administrative errors, and determine the order and manner in which items are sold.

The auctioneer's determination regarding bidding disputes and the identity of the successful bidder shall be final to the fullest extent permitted by law.

PFAA may establish minimum bids, reserves, or other sale conditions on individual items.

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## 4. RISK OF LOSS

**ALL ITEMS BECOME THE FULL RESPONSIBILITY OF BUYER AT THE TIME BUYER IS DECLARED THE WINNING BIDDER.**

At that time, Buyer assumes all risk of loss, theft, damage, destruction, vandalism, weather damage, or other casualty affecting the purchased property, regardless of whether the property remains on PFAA premises.

PFAA's possession of purchased property after the auction is solely for the convenience of Buyer and does not constitute a bailment or create responsibility on the part of PFAA for loss or damage, except as otherwise required by law.

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# AS-IS / INSPECTION / CONDITION

## 5. ALL PROPERTY SOLD AS-IS, WHERE-IS

**ALL ITEMS ARE SOLD AS-IS, WHERE-IS, WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, VISIBLE OR HIDDEN, EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW.**

PFAA makes no warranty or guarantee, express or implied, regarding any item, including but not limited to its:

* condition;
* quality;
* merchantability;
* fitness for a particular purpose;
* roadworthiness;
* safety;
* mechanical condition;
* structural condition;
* operating condition;
* emissions compliance;
* remaining useful life;
* value;
* repair history; or
* suitability for highway, commercial, agricultural, construction, forestry, recreational, or any other use.

**BUYER IS PURCHASING THE ITEM BASED UPON BUYER'S OWN INSPECTION, INVESTIGATION, KNOWLEDGE, AND JUDGMENT.**

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## 6. BUYER'S DUTY TO INSPECT

PFAA provides bidders an opportunity to inspect items prior to bidding.

It is solely Buyer's responsibility to inspect each item and determine its condition before placing a bid.

Buyer is encouraged to personally inspect the item and, when appropriate, have the item inspected by a qualified mechanic, technician, or other professional of Buyer's choosing before bidding.

Failure to inspect an item does not relieve Buyer of the obligation to complete the purchase.

Buyer acknowledges that defects may exist that are not visible, known, discovered, or disclosed before the auction.

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## 7. PFAA HAS NO DUTY TO PERFORM A COMPLETE INSPECTION

Any test drive, startup, check-in procedure, condition report, photograph, video, announcement, catalog notation, vehicle history report, or other information provided by PFAA is provided solely as a convenience to bidders.

Such information **IS NOT** a mechanical inspection, safety inspection, diagnosis, certification, warranty, or guarantee.

PFAA does not undertake or assume a duty to discover every defect or condition affecting an item.

PFAA does not guarantee that any defect, problem, warning light, noise, leak, damage, malfunction, safety issue, or other condition will be discovered or disclosed.

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## 8. NO RELIANCE ON DESCRIPTIONS OR REPRESENTATIONS

Catalogs, online listings, photographs, videos, descriptions, announcements, condition information, test-drive remarks, vehicle history information, specifications, serial numbers, mileage, hour-meter readings, and other information are prepared solely as a guide.

Information may be obtained from consignors, vehicle history services, government databases, manufacturers, VIN decoding services, prior owners, or other sources believed to be reliable. **PFAA does not guarantee the accuracy or completeness of such information.**

No sale shall be invalidated solely because of an error, omission, inaccurate description, undisclosed defect, or other discrepancy in a catalog, listing, photograph, condition report, announcement, or other information supplied in connection with the auction, except where applicable law requires otherwise.

Bidder acknowledges that Bidder is not relying upon PFAA to determine the condition or value of an item and is instead relying upon Bidder's own inspection, investigation, and judgment.

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# VEHICLE & EQUIPMENT CONDITION INFORMATION

## 9. TEST DRIVES & CHECK-IN PROCEDURES

PFAA may test drive certain vehicles as a convenience to bidders. Not all vehicles or equipment will necessarily be test driven.

When a vehicle is test driven, PFAA generally does not operate the vehicle above approximately 40 MPH and does not necessarily test four-wheel drive, all-wheel drive, differential locks, PTO systems, hydraulic systems, attachments, or every gear, function, component, or operating condition.

A vehicle or piece of equipment successfully moving under its own power does **not** mean that it is mechanically sound, safe, roadworthy, or free from defects.

PFAA may note certain issues discovered during check-in or a test drive. The absence of a notation **DOES NOT MEAN THAT AN ISSUE OR DEFECT DOES NOT EXIST.**

PFAA does not necessarily report cosmetic condition, fluid levels, fluid leaks, tire condition, brakes, batteries, electrical systems, accessories, HVAC systems, entertainment systems, warning lights, or the functionality of every feature or component.

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## 10. SAFETY SYSTEMS

Buyer is solely responsible for inspecting and determining the condition and functionality of safety-related systems and components, including but not limited to airbags, seat belts, brakes, ABS systems, tires, lighting, warning systems, driver-assistance systems, emissions equipment, and other safety equipment.

Unless specifically represented otherwise in a writing authorized by PFAA, PFAA makes no representation that any safety system or component is present, operational, properly repaired, or compliant with applicable standards.

Buyer should not operate any purchased vehicle or equipment until Buyer has determined that it is safe to operate.

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## 11. ODOMETERS, MILEAGE & HOUR METERS

Any mileage or hour-meter reading displayed in a catalog, online listing, photograph, or other auction material is provided for informational purposes and may reflect only the reading displayed by the vehicle or equipment at the time it was recorded.

PFAA does not independently guarantee the accuracy of mileage or hour-meter readings except where expressly represented or required by law.

Odometers, hour meters, instrument clusters, engines, control modules, or other components may have been repaired, replaced, altered, rolled over, or otherwise affected before arriving at PFAA.

Nothing in these Terms & Conditions is intended to waive or replace any odometer disclosure required by applicable law.

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## 12. TITLE & HISTORY INFORMATION

Title brands, history information, AutoCheck, NMVTIS, or similar information may be provided as a convenience to bidders.

Such information may include, but is not limited to:

* Former Rental/Fleet
* Rebuilt/Salvage Title Record
* Structural Damage or Structural Alteration Record
* Not Actual Miles/Mileage Discrepancy
* Lemon Law/Manufacturer Buyback
* Other title or history information

PFAA does not control third-party databases and does not guarantee that any vehicle history report or database is complete, current, or error-free.

Buyer is responsible for conducting any additional title or vehicle history research Buyer considers necessary before bidding.

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## 13. CATALOG REMARKS

When used, the following remarks generally mean:

**�Front End Issues�** � May pertain to suspension, steering, drivetrain, wheel, bearing, axle, or other components associated with the front portion of the vehicle.

**�Rear End Issues�** � May pertain to suspension, drivetrain, differential, axle, bearing, or other components associated with the rear portion of the vehicle.

**�Transmission Issues�** � May include slipping, delayed engagement, failure to shift properly, being stuck in a gear, abnormal operation, or other transmission-related symptoms.

**�Runs Rough�** � The engine appeared to be underperforming, running abnormally, misfiring, smoking, or otherwise not operating normally during observation or test drive.

**�Underpowered�** � The vehicle or equipment appeared to lack normal power or acceleration.

**�Front End Noise�** � An abnormal noise was observed from or near the front portion of the vehicle. The source may be unknown.

**�Smokes�** � Abnormal or excessive smoke was observed.

These descriptions are general observations only and are not diagnoses. The actual cause or severity of any problem may be different from the description.

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# ONLINE BIDDING

## 14. INTERNET & TECHNOLOGY FAILURES

Online bidding is provided as a convenience.

PFAA is not responsible for missed bids, delayed bids, internet outages, software failures, equipment failures, connectivity problems, browser issues, platform errors, transmission delays, incorrect countdown displays, notification failures, or other technical problems outside PFAA's reasonable control.

In the event of a technical problem, bidding dispute, or other irregularity, PFAA may, to the extent permitted by law, reopen bidding, extend bidding, cancel or void an affected transaction, reschedule the sale, or otherwise resolve the issue in a commercially reasonable manner.

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# PAYMENT

## 15. PAYMENT TERMS

Twenty-five percent (25%) of the total invoice is due on Saturday, the day of the auction.

The remaining seventy-five percent (75%) is due no later than Monday following the auction.

**FAILURE TO PAY THE REQUIRED AMOUNT WHEN DUE CONSTITUTES DEFAULT.**

Acceptable forms of payment include:

* Cash
* Cashier's Check
* Company Check
* Personal Check
* Visa
* Discover
* American Express
* MasterCard
* Debit Card
* Wire Transfer

PFAA reserves the right to require a particular form of payment or refuse a payment method when reasonably necessary to protect against fraud, insufficient funds, chargebacks, or other payment risk.

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## 16. CARD ON FILE AUTHORIZATION

By registering to bid, Bidder authorizes PFAA, to the extent permitted by applicable law and applicable card-network rules, to charge the payment card provided by Bidder for amounts properly due under these Terms & Conditions, including the purchase price, buyer's premium, applicable taxes, fees, storage charges, and other authorized amounts.

A card payment may not be reversed or refunded solely because Buyer later wishes to use a different payment method.

Buyer remains responsible for all amounts due even if a payment is declined, reversed, returned, or otherwise not collected.

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## 17. CHECK PAYMENTS

Items purchased by check will not be released until the check has cleared PFAA's bank account unless PFAA expressly approves otherwise.

Acceptance of a check does not constitute final payment until funds have irrevocably cleared.

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## 18. DEFAULT & NONPAYMENT

If Buyer fails to pay any amount when due, Buyer will be considered in default.

Upon default, PFAA may exercise any remedies available under these Terms & Conditions or applicable law, including, where permitted:

* retaining deposits or payments to the extent legally permitted;
* refusing to release purchased property;
* suspending or terminating bidding privileges;
* reselling the property;
* pursuing Buyer for unpaid amounts;
* recovering any deficiency between Buyer's purchase price and the amount realized upon resale;
* recovering reasonable storage, transportation, administrative, collection, and resale expenses; and
* recovering reasonable attorney fees and collection costs where permitted by law.

PFAA's decision to delay exercising any remedy does not waive its right to exercise that remedy later.

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# FEES

## 19. BUYER FEES

Unless otherwise announced for a particular auction or item:

* **10% Buyer's Premium**
* **Minimum $50 Buyer's Premium on items selling for less than $500**
* **$75 Document Fee per titled item**
* **$24 Title Fee per titled item**
* **Applicable sales tax**
* **$50 Out-of-State Title Fee per titled item for purchasers outside Idaho, Washington, and Montana**
* **$10 30-Day Trip Permit, when applicable**
* **$20 Purchaser Change Fee, when approved**
* **$15 Wire Transfer Fee**
* **2% Processing Fee on payments made by card or check, where permitted**

Buyer is responsible for all applicable taxes, registration charges, title charges, governmental fees, and other charges associated with the purchase.

Any exemption from sales tax must be supported by documentation acceptable to PFAA and applicable taxing authorities.

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## 20. CHANGE OF PURCHASER

Purchases may not be transferred into another person's or entity's name without prior approval from PFAA.

Any approved change is subject to the applicable change fee and documentation requirements.

The original invoice must be paid in full before PFAA will consider a purchaser change.

PFAA may require the substitute purchaser to appear in person, provide identification, execute documents, or provide other information requested by PFAA.

PFAA reserves the right to refuse a purchaser change where permitted by law.

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# TITLES & OUT-OF-STATE BUYERS

## 21. TITLE PROCESSING

PFAA does not guarantee a specific title delivery date.

Title processing may be delayed because of government processing, lien releases, duplicate titles, consignor documentation, title corrections, interstate processing, reassignment requirements, lost titles, or other circumstances.

Buyer acknowledges that reasonable title-processing delays may occur and agrees that such delays do not automatically constitute grounds to cancel the purchase.

Nothing in this section limits any non-waivable right Buyer may have under applicable law.

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## 22. OUT-OF-STATE BUYERS

Out-of-state bidders are not necessarily required to be physically present to complete paperwork.

PFAA may require documents to be completed electronically, including through DocuSign or another electronic-signature service, together with a copy of Buyer's driver's license or other identification.

All required paperwork must be completed to PFAA's satisfaction before title work begins or property is released.

PFAA does not currently sell to residents of Canada or Mexico due to title, registration, export, and border-crossing requirements.

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# REMOVAL, STORAGE & TRANSPORTATION

## 23. REMOVAL DEADLINE

All items must be paid in full before removal from PFAA's premises.

Unless otherwise announced, all purchased property must be removed by Friday following the auction.

Property remaining after the removal deadline will accrue a **$50 per day, per item storage fee**, unless PFAA agrees otherwise in writing.

Storage fees do not relieve Buyer of the obligation to remove the property.

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## 24. PROPERTY LEFT ON PREMISES

Property remaining on PFAA's premises after the removal deadline remains at Buyer's sole risk and expense.

PFAA may exercise any storage lien, towing, removal, resale, disposal, or other rights available under these Terms & Conditions and applicable law.

Property remaining for an extended period may be considered abandoned and handled in accordance with applicable law.

Buyer remains responsible for storage and other charges to the extent permitted by law.

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## 25. LOADING, REMOVAL & TRANSPORTATION

Buyer is solely responsible for safely loading, removing, towing, transporting, and securing purchased property.

Buyer and Buyer's employees, agents, contractors, towing companies, and transporters enter and use PFAA's premises at their own risk.

PFAA is not responsible for damage or injury occurring during loading, towing, removal, transportation, jump-starting, operation, or handling of purchased property except to the extent caused by PFAA in a manner for which liability cannot legally be waived.

If PFAA employees assist with loading, moving, jump-starting, or otherwise handling property, such assistance is provided solely as a courtesy and at Buyer's risk to the fullest extent permitted by law.

Buyer is responsible for ensuring that any vehicle, trailer, towing equipment, load securement, permits, licensing, weight limits, and transportation methods comply with applicable law.

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## 26. PERSONAL PROPERTY, KEYS & ACCESSORIES

PFAA does not guarantee that personal property, tools, manuals, spare parts, keys, key fobs, remotes, attachments, accessories, or other items seen in or around a vehicle or piece of equipment during preview will be included with the sale unless expressly identified as included.

Buyer is responsible for confirming what is included before bidding.

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# LIABILITY

## 27. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, PFAA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF USE, TRANSPORTATION COSTS, REPAIR COSTS, OR SIMILAR CONSEQUENTIAL LOSSES ARISING FROM A PURCHASE.

To the fullest extent permitted by law, PFAA's liability arising from the sale of any particular item shall not exceed the amount actually paid by Buyer to PFAA for that item.

Nothing in these Terms & Conditions excludes liability that cannot legally be excluded or limited.

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## 28. INDEMNIFICATION

To the fullest extent permitted by law, Buyer agrees to defend, indemnify, and hold harmless PFAA and its owners, officers, employees, agents, auctioneers, and representatives from third-party claims, losses, damages, liabilities, costs, and reasonable attorney fees arising from Buyer's or Buyer's agents' possession, loading, removal, transportation, operation, ownership, use, modification, or resale of purchased property, except to the extent caused by conduct of PFAA for which indemnification is prohibited by law.

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## 29. CONSIGNOR INFORMATION

PFAA sells property owned by various consignors and may rely upon information supplied by those consignors.

PFAA does not independently verify every statement or representation made by a consignor.

Information supplied by consignors is provided to bidders as a convenience and is subject to the inspection, AS-IS, and no-reliance provisions of these Terms & Conditions, except where applicable law provides otherwise.

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# GENERAL TERMS

## 30. NO ORAL MODIFICATION

Statements by PFAA employees, representatives, consignors, or other persons do not modify these Terms & Conditions unless the modification is expressly authorized by PFAA and documented in writing or formally announced by the auctioneer as an amendment to the auction terms.

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## 31. ENFORCEMENT & SEVERABILITY

Failure by PFAA to enforce any provision of these Terms & Conditions on one occasion does not constitute a waiver of that provision on another occasion.

If any provision of these Terms & Conditions is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.

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## 32. GOVERNING LAW & VENUE

These Terms & Conditions and all transactions conducted by PFAA shall be governed by the laws of the State of Idaho, without regard to conflict-of-law principles.

To the extent permitted by law, any legal action arising from an auction, bid, purchase, or these Terms & Conditions shall be brought in a court of competent jurisdiction located in Kootenai County, Idaho.

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# FINAL BIDDER ACKNOWLEDGMENT

**BY REGISTERING TO BID AND/OR PLACING A BID, BIDDER ACKNOWLEDGES AND AGREES THAT:**

**� BIDDER IS AT LEAST 18 YEARS OLD.**

**� BIDDER HAS READ, UNDERSTANDS, AND AGREES TO THESE TERMS & CONDITIONS.**

**� EVERY BID PLACED BY BIDDER IS BINDING.**

**� ALL PROPERTY IS SOLD AS-IS, WHERE-IS, WITH ALL FAULTS.**

**� BIDDER IS RESPONSIBLE FOR INSPECTING PROPERTY BEFORE BIDDING.**

**� PFAA DOES NOT GUARANTEE THE CONDITION, SAFETY, ROADWORTHINESS, HOURS, MILEAGE, DESCRIPTION, OR FITNESS OF PROPERTY EXCEPT AS EXPRESSLY REQUIRED BY LAW.**

**� THE ABSENCE OF A DEFECT FROM A CATALOG, CONDITION REPORT, TEST DRIVE, OR ANNOUNCEMENT DOES NOT MEAN THAT THE DEFECT DOES NOT EXIST.**

**� BIDDER IS RESPONSIBLE FOR PAYING FOR EVERY ITEM AWARDED TO BIDDER.**

**� BIDDER ASSUMES RESPONSIBILITY AND RISK OF LOSS FOR PURCHASED PROPERTY UPON BECOMING THE WINNING BIDDER.**

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

Post Falls Auto Auction is a live auction that primarily sells vehicles, RVs, ATVs, motorcycles, snowmobiles, boats, heavy equipment, trailers, and much more! We sell consigned items from many different sources such as dealers, private parties, company vehicles, state items, and bank repos. All vehicles are taken on a test drive prior to the auction, and to the best of our knowledge, given notes for any major issues that you wouldn't be able to see during an idling inspection on preview days. !!REGISTRATION IS FREE!! !!BIDDERS ARE RESPONSIBLE TO PAY IN FULL FOR EVERY ITEM WON!