TERMS AND CONDITIONS OF SALE

HEIDENHEIMER AUCTION COMPANY

1. Online Bidder Registration and Verification Fee

a. All bidders must complete an online registration process to participate in the Auctioneer’s auctions.

b. A non-refundable $1.00 fee will be charged to the bidder’s card for verification purposes.

c. This $1.00 registration fee is required once every 6 months to 1 year to maintain bidding privileges.

d. By registering to bid, bidders acknowledge and agree to be bound by these Terms and Conditions of Sale.

2. Title Transfer and Firearms Fees

a. A $25.00 title transfer fee will be charged for all vehicles and trailers sold that contain a title, unless otherwise noted.

b. A $25.00 Firearms Transfer Fee will be charged for each firearm sold.

c. These fees are non-negotiable and will be added to the final invoice.

d. All firearms transfers must comply with applicable federal, state, and local laws and regulations.

3. As-Is, Where-Is Sales and Disclaimers

a. All sales are on an “as is where is” basis, and no warranty, express or implied, is provided.

b. THE AUCTIONEER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

c. Bidders are strongly advised to inspect items before bidding, as the Auctioneer makes no guarantee as to the description, quantity, quality, condition, or functionality of the items sold.

d. The Auctioneer makes a good faith effort to ensure that the description, quantity, quality, condition, or functionality of the items listed are as accurate as possible.

e. Serial numbers, mileage, hour readings, year models, and other specifications are not guaranteed.

f. If you have any questions, please contact the Auctioneer prior to bidding.

g. Failure to inspect items prior to bidding does not constitute grounds for refusal to

complete a purchase or for any adjustment to the purchase price.

4. Transfer of Ownership and Pickup

a. Once an item is declared sold, it becomes the property and responsibility of the buyer.

b. The Auctioneer will take reasonable care to safeguard merchandise, but neither the Auctioneer nor the Consignor shall be responsible for theft, damage, accidents, or any other loss occurring after the sale.

c. Buyers must make arrangements to pick up their items as instructed and within the timeframe specified in Section 8(d).

d. Failure to pick up items as instructed may result in the revocation of bidding privileges, storage fees, and/or resale of the items without notice or refund to the buyer.

e. Buyers are responsible for arranging proper transportation, loading, and securing of purchased items.

f. The Auctioneer reserves the right to refuse pickup to any person who, in the Auctioneer’s sole discretion, appears to be under the influence of alcohol or drugs, or who behaves in a threatening or disruptive manner.

5. Online Auction Procedures

a. Online-only auctions begin closing at 2 PM Central Time on the day of the auction.

b. The Auctioneer uses a “soft close” option, which allows Lots to extend for 2 minutes if a bid is placed, continuing until the last bid is received.

c. Bidders are encouraged to use the maximum bid feature, which allows the system to automatically bid on the bidder’s behalf up to the specified maximum amount.

d. Outbid notifications will be sent by email. Bidders should ensure their email is set to receive messages from office@hacauction.com and check spam/junk folders accordingly.

e. All live pre-bidding closes the day before the live auction. The highest internet bid becomes the opening bid at the live auction.

f. Bidders will be notified by email within 24 hours if their internet bid remains the highest bid.

g. The Auctioneer reserves the right to withdraw any item from the auction at any time before or during the auction for any reason.

h. The Auctioneer reserves the right to reject any bid at its sole discretion.

i. In case of a tie bid, the earlier bid received shall be deemed the winning bid.

j. In the event that a Lot is sold to a breaching Buyer, the Auctioneer will attempt, but is not required, to contact the next highest bidder to determine whether that Bidder remains interested in the Lot.

6. Sales Tax and Tax-Exempt Buyers

a. Sales tax will be collected on all taxable items at the applicable rate for the jurisdiction where the sale occurs.

b. Tax-exempt buyers must download the appropriate state’s tax-exempt form and email it to office@hacauction.com prior to the conclusion of the auction.

c. Failure to provide proper tax-exempt documentation before the conclusion of the auction will result in sales tax being charged, with no subsequent adjustments or refunds permitted.

d. The Auctioneer reserves the right to verify the validity of any tax-exempt documentation provided.

e. Buyers are responsible for any additional taxes, duties, or fees that may be imposed by any governmental authority in connection with their purchase.

7. Bidder Responsibility and Liability

a. The Auctioneer is not responsible for Bidder mistakes. The Auctioneer is not financially responsible for bad Bidders. Bidders must review their bids before submission.

b. By placing a bid, the Bidder represents and warrants that they have the legal capacity to enter into binding contracts and that they have the financial ability to complete the purchase.

c. A Bidder at an auction in Texas has a legal obligation to pay the amount of their bid upon being declared the highest bidder.

d. If a Bidder fails to meet his/her legal obligation described in 7.c. above, and the property is resold for a lower price, the defaulting Bidder may be liable to the Seller and/or Auctioneer for the deficiency.

e. The Auctioneer is not responsible for any electronic or internet failures, system errors, or service interruptions.

f. Bidders or sellers will have no claim against the Auctioneer, its employees, agents, or any other party if internet service is interrupted for any reason causing problems with the ability to bid.

g. In the event of a dispute between Bidders, or between a Bidder and the Auctioneer, the Auctioneer shall have the sole and final discretion to resolve the dispute, and the Auctioneer’s decision shall be final and binding on all parties.

h. Bidders agree to indemnify, defend, and hold harmless the Auctioneer, its employees, agents, and consignors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the Bidder’s participation in the auction, purchase of any item, or breach of these Terms and Conditions.

8. Payment, Buyer’s Premium, and Unclaimed Items

a. Payment can be made by cash, check, money order, wire transfer, or credit card.

b. A 10% buyer’s premium will be added to all purchases.

c. A 3% card processing fee will be added for payments made by credit/debit cards.

d. All items must be paid for and picked up within 5 days from the close of the sale.

e. Unpaid invoices will be processed for payment using the card on file.

f. Items left past 30 days will be subject to resale without notice, and the original buyer shall forfeit all payments made and remain liable for any deficiency resulting from such resale.

g. Returned checks will be subject to a $35.00 fee, and the buyer’s bidding privileges may be suspended.

h. The Auctioneer reserves the right to require a deposit or advance payment from any bidder at any time.

i. For wire transfers, all bank fees and charges shall be borne by the buyer.

j. The Auctioneer reserves the right to resell any item for which payment has not been received within the specified timeframe, with the defaulting buyer remaining liable for any deficiency plus all costs of resale.

9. Governing Law, Jurisdiction, and Dispute Resolution

a. These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law provisions.

b. Any disputes arising from or related to these Terms and Conditions shall be resolved in the state or federal courts located in Bell County, Texas.

c. The parties consent to the exclusive jurisdiction and venue of these courts for the resolution of all disputes arising under or relating to these Terms and Conditions.

d. In the event of any litigation arising out of or relating to these Terms and Conditions, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

e. Any action or proceeding arising out of or relating to these Terms and Conditions must be commenced within one (1) year after the cause of action accrues.

f. The parties agree to first attempt to resolve any dispute through good-faith negotiation before resorting to litigation.

10. Representations, Warranties, and Indemnification

a. The Auctioneer represents and warrants that it has the authority to offer the items for sale and to enter into these Terms and Conditions.

b. The Auctioneer disclaims all other representations and warranties, express or implied, with respect to the items sold, including but not limited to any implied warranty of merchantability or fitness for a particular purpose.

c. The consignors of the items sold shall indemnify the Auctioneer against any claims, damages, or liabilities arising from the sale of the items.

d. Buyers represent and warrant that they are not subject to any trade sanctions, embargoes, or other restrictions that would prohibit their participation in the auction or purchase of any items.

e. Buyers represent and warrant that all information provided during registration is true, accurate, and complete.

f. Buyers agree to indemnify, defend, and hold harmless the Auctioneer and its consignors from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from the buyer’s breach of these Terms and Conditions or violation of any applicable law.

11. Limitation of Liability

a. IN NO EVENT SHALL THE AUCTIONEER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY PURCHASE MADE THROUGH THE AUCTION, EVEN IF THE AUCTIONEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. THE AUCTIONEER’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY PURCHASE MADE THROUGH THE AUCTION SHALL NOT EXCEED THE AMOUNT PAID BY THE BUYER FOR THE SPECIFIC ITEM(S) GIVING RISE TO THE CLAIM.

c. The limitations of liability in this section shall apply to the maximum extent permitted by applicable law.

d. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to certain buyers.

12. Privacy and Data Protection

a. The Auctioneer collects and processes personal information in accordance with applicable privacy laws.

b. By registering for and participating in the auction, buyers consent to the collection, use, and disclosure of their personal information as necessary for the operation of the auction and fulfillment of purchases.

c. The Auctioneer will take reasonable measures to protect the security of personal information collected.

d. The Auctioneer may use buyer contact information to send notifications about future auctions and related services, subject to applicable law.

e. Buyers may opt out of receiving marketing communications by contacting the Auctioneer at office@hacauction.com.

13. Severability and Waiver

a. If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

b. The failure of the Auctioneer to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

c. No waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by the Auctioneer.

14. Entire Agreement and Modification

a. These Terms and Conditions constitute the entire agreement between the Auctioneer and the buyer with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

b. The Auctioneer reserves the right to modify these Terms and Conditions at any time without prior notice.

c. It is the buyer’s responsibility to review these Terms and Conditions before participating in each auction.

15. Force Majeure

a. The Auctioneer shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riot, civil unrest, government order or law, strikes or labor disputes, power or telecommunications failure, or other similar events.

b. In the event of such circumstances, the Auctioneer may, at its sole discretion, cancel, reschedule, or modify the auction without liability.

16. Definitions

a. Auctioneer: Heidenheimer Auction Company, referred to as “The Auctioneer” in these Terms and Conditions, TDLR License #17939, which is responsible for conducting the auction and facilitating the sale of LOTs on behalf of the Seller.

b. Lot: A single item or group of items offered for sale in an auction as a single unit. Each LOT is identified by a unique LOT number assigned by the Auctioneer.

c. Bidder: Any individual or entity that registers to participate in an auction conducted by the Auctioneer and places a bid on one or more LOTs.

d. Seller: The individual or entity that consigns items to the Auctioneer for sale in an auction. The Seller retains ownership of the items until the Lot is declared sold by the Auctioneer.

e. Buyer: The Bidder who placed the highest bid on a Lot at the time the auction officially closes. By bidding in the Auctioneer’s auctions, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Sale.