T E R M S O F S A L E NOTICE:
All Bidders and other persons participating in this sale agree that they have read and have full knowledge of these terms and agree to be bound thereby.

Auction Conducted By:
Mike Peterson Auction & Realty Service, 164 Ivory Street, Frewsburg NY 14738

All Items sold "AS IS WHERE IS" with no warrantee on condition or authenticity

1. IDENTIFICATION: All participants and purchasers are required to give full name and address.

2. PAYMENT: Master Card, Visa, Discover, American Express, Electronic wire transfer

3. TIME OF PAYMENT: Each purchaser will be required to make full payment in USD on each lot purchased within 24 hour(s) of close of auction. The full purchase price on all lots to the same buyer must be paid within the time fixed and before removal of any of the goods. In default of such payment, the lots immediately will be relisted and or resold and prior high bidder is excluded from bidding on such lots again.

4. REMOVAL: NO later than 5 PM EST Friday November 2, 2018. IF YOU CANNOT REMOVE ITEMS BY THIS TIME DO NOT BID. We will be on Location Friday 8am - 5pm for pickup. Purchases will be delivered only on presentation of paid bill. The auctioneer shall not be responsible for goods not removed within the time allowed but shall have the option to remove and dispose of any article purchased and not removed within allotted time period.

5. CONDITIONS OF ARTICLES SOLD: The Auctioneer shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale shall be set aside, nor allowance made on account of any incorrectness, error in cataloging, or any Imperfection not noted. NO DEDUCTION ALLOWED ON DAMAGED ARTICLES, ALL ARTICLES BEING EXPOSED FOR PUBLIC EXHIBITION, AND SOLD "AS IS" AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED, OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM.

6. SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser's responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.

7. INDEMNIFICATION: Purchaser agrees to indemnify and hold the Auctioneer and Seller harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom.

8. CLAIMS: No claims will be allowed after removal of goods from premises.

9. RESPONSIBILITY FOR NON-DELIVERY: The Auctioneer or Seller shall not, in any event, be liable for non-delivery of for any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the sum of amount paid on said lot, should the purchaser be entitled thereto.

10. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice.

11. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer or seller from liability here for. Neither the Auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held.

12. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all the property listed, in bulk.

13. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: Where items are sold by estimated weight, count or measure, Auction Company or Seller are not responsible for any shortage or overage.

14. OPENING BIDS: The auctioneer reserves the right to reject any and all bids on lots upon which there is an opening bid, that do not meet or exceed the opening bid amount.

15. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute.

16. AGENCY: The auctioneer is acting as agent only and is not responsible for the acts of its principals.

17. SALES TAX: Purchaser shall also pay all applicable sales or use taxes imposed by all taxing authorities on such transactions. The auction is being conducted in the County of Cattaraugus and State of New York therefore a 8% sales tax applies unless purchaser presents valid exemption certificate at time of settlement. Purchasers of titled vehicles will be responsible to pay sales tax in the jurisdiction where the items is titled.

18. BANKRUPTCY: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the auctioneer, the sale may be voided.

19. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.

20. To participate in Mike Peterson Auction & Realty Service online and simulcast auctions, users must register with Mike Peterson Auction & Realty Service by filling out a registration form. During the registration process the credit card you are putting on file will be charged $ 1.00 to verify that it is a valid credit card. This charge is nonrefundable and is the cost of registration to use the auction site. Upon approval of card and submission of the registration form, such user shall become a 'Registered User'. "Registered Users" agree that such information shall be (and kept) current, complete and accurate. Mike Peterson Auction & Realty Service reserves the right to disapprove, suspend or terminate User accounts for any reason, at its sole discretion, and prohibit such User(s) from participating in the Services.

21. During the registration process, Users will select a 'Member ID', and password. Users are solely responsible in all aspects for all use of the login information provided by Mike Peterson Auction & Realty Service. Users agree to notify Mike Peterson Auction & Realty Service immediately of any unauthorized use of any Member ID or password, or any other breach of security regarding the Site.

22. Mike Peterson Auction & Realty Service is not responsible and shall not be held liable for interruptions or loss of internet connectivity, user errors or software issues, system failures of the bidder, or their internet provider, or due to unforeseen acts of nature.

23. Neither Mike Peterson Auction & Realty Service or any Seller make any warranties or representations of any kind or nature with respect to the property in the online auctions.
When bids are accepted by the seller then All sales are final and no refunds will be issued. All merchandise is sold "as-is", with no warranty, written or implied. No warranty is made with respect to the accuracy of any information provided to bidders regarding auction items, provided in either written or image form, and bidders should rely solely on their own investigation and/or research of the item or items they place bids on. Descriptions and photographs provided in online auction listings are for bidder convenience only. We recommend that all potential bidders personally and physically inspect all auction merchandise, before bidding.

24. Once the system accepts your online bid, you have entered into a binding contract with Mike Peterson Auction & Realty Service and are obligated to pay for your winning bid(s). By bidding, you are agreeing to be held personally liable for the bid amount, buyer's premium, and any other fees or applicable taxes specified in the item description. Bidders agree that bidding on the Site is the legal equivalent of a firm purchase order. Mike Peterson Auction & Realty Service reserves the right, and you acknowledge and agree to its exercise of this right, to notify third parties, including law enforcement authorities, credit bureaus, other auction companies and industry regulators and authorities, about bidders involved with or connected to fraudulent bidding or the failure to fully pay invoices in accordance with our terms and conditions and the terms and conditions of the auction involved.

25. Mike Peterson Auction & Realty Service will send an official PDF invoice (attached to an email) as soon as we obtain bid approval from the seller's or authorized representative(s) and it is the buyer's responsibility to make timely and appropriate payment. All Bidders are required to pay for their purchases immediately upon receipt of an Adobe Acrobat electronic invoice, sent to the email address in the buyer's account. You agree to pay the full amount of your invoice within three (3) hours of the close of the auction. Users who fail to pay for their bids within the designated time frame will be assessed a penalty fee equal to 20% of the outstanding invoice(s). This fee will be charged to the credit card that was used to register with the website. In addition to the penalty fee(s), the offenders account will be subject to suspension or termination, and charges may be filed to collect monetary damages in a court of law in Chautauqua County, NY. By using this service, you agree that any dispute concerning an auction, any bid, use of the online auction service, or goods purchased shall be governed by and resolved in accordance with the laws of the State of New York, that you consent to personal jurisdiction over you in New York State, and that the exclusive locale and venue for any claim, dispute or legal action concerning same shall be the New York State Supreme Court, County of Chautauqua. A proceeding commenced in any other jurisdiction or venue shall be immediately dismissed and/or transferred to the Chautauqua County Supreme Court. If you commence a claim or legal action in other than the Chautauqua County Supreme Court, then you agree to be liable for all attorney's fees, court costs and disbursements incurred by Mike Peterson Auction & Realty Service in connection with obtaining a dismissal and/or transfer of the matter. If you fail to pay for your winning bid, including the buyer's premium, or any portion thereof, then you shall be liable for all attorney's fees, court costs and disbursements incurred by Mike Peterson Auction & Realty Service in attempting to collect the amounts due. In all other respects, attorney's fees, disbursements, and court costs associated with any claim, dispute or legal action between the parties to this Agreement shall not be recoverable by one party against the other.

26. Items not paid for within the required time period will be offered to the backup bidder(s) and/or re-listed in the online auctions. Mike Peterson Auction & Realty Service reserves the right to offer any merchandise that was not paid for to any qualified buyer in order to satisfy the needs of our selling clients.

27. Mike Peterson Auction & Realty Service does not transfer legal ownership of items from the Seller to the Buyer. The Buyer will become the Item's lawful owner upon physical receipt of the Item. Mike Peterson Auction & Realty Service shall not be responsible for dispute claims filed after an auction Item has been removed from the Seller's premises by the Buyer, the transportation company hired by the Buyer, or any and all other agents of the Buyer.

28. All items in this auction are being sold absolute to the highest bidder.

29. Buyers are solely responsible for removal of purchased items from the Seller's premises within the designated removal period indicated in every auction listing. Items left after this removal period will be considered abandoned, and will be subject to re-possession by the Seller, with no refund issued to the Buyer. Mike Peterson Auction & Realty Service will not be held liable for storage fees imposed by the Seller(s) after the removal deadline indicated in the item listing(s). It is the buyer's responsibility to arrange removal, rigging and shipment of any and all Items purchased.

30. For payments made with cash, money order, wire-transfer or guaranteed funds. A 4% buyer's premium will be added to the existing buyer's premium and the high bid price for payments made with credit cards, debit cards, personal or business checks. Read the payment terms in each auction listing to see whether there is a buyer's premium charged. All buyers will be charged appropriate sales tax unless they provide a completed resale certificate or other appropriate tax-exempt documentation with their payment.

31. Mike Peterson Auction & Realty Service reserves the right to reject or void bids, whether winning or not, which it believes were not been made in good faith, or are intended to manipulate the auction process, or are prohibited by law. If Mike Peterson Auction & Realty Service determines that a Seller or someone associated with the Seller has bid on that Seller's own item (shill bidding). Mike Peterson Auction & Realty Service will ban the Seller from future use of Mike Peterson Auction & Realty Service, internet auction site. Cancel the involved transaction(s) and the Seller will be charged a Seller Default Penalty of a minimum of $ 1000.00 (one thousand dollars), or 20% of the high bid placed, whichever is greater.

32. Mike Peterson Auction & Realty Service reserves the right to withdraw, cancel, or postpone any auction listing at our discretion, and Mike Peterson Auction & Realty Service will have no liability to prospective bidders or Sellers as a result of any withdrawal, cancellation or postponement of any auction.

33. Mike Peterson Auction & Realty Service makes every effort to accurately describe real estate, vehicles and equipment using standard industry terms. It is strongly recommended that bidders personally inspect the items before bidding. Mike Peterson Auction & Realty Service cannot be responsible for misinterpretation or oversight by the Buyer.

34. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep Users off the Site if we think they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies, terms and conditions. We also reserve the right to cancel accounts that have been inactive for over a one-year period.

35. If any provision of this Agreement is held or determined to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

(Short Notice) Auto Shop Online Liquidation Auction Bidding Opens October 30th at 11 AM Bidding Closes Thursday, November 1st at 6 PM Pickup of Items on Friday November 2nd, 8 AM - 5PM. All Items To Be Removed NO LATER than Friday November 2nd at 5PM. 10% Buyer Premium