All bidders agree to be bound by this bidder contract by placing a bid. PLEASE SCROLL & READ ALL TERMS LISTED BELOW, INCLUDING PREVIEW, PICKUP, SHIPPING, and DELIVERY INFORMATION.

* TERMS OF SALE: 10% Buyer Fee added to high bid at invoice. All items are being sold Â‘AS IS, WHERE ISÂ’, No Warranties or Guarantees of any kind. No Returns, No Refunds. A paid invoice receipt from Texas Auction & Realty is required prior to pickup and removal. Buyers assume all responsibility and hold Seller and Auctioneer harmless for introducing any item or part of item into the stream of commerce. Photographs and Descriptions are provided as a guide, and a guide only. Bidders to verify correctness of ANY advertised information to their satisfaction as to use for any particular purpose. Any bid placed by a Bidder is based solely upon the BidderÂ’s personal inspection and opinion. Failure to inspect the property does not relieve bidder of responsibility for payment and removal as stated in these terms. All bids are a binding contract according to these terms. Bidder acknowledges that once a bid is offered, the Bidder shall be bound by the bid amount. Bids cannot be withdrawn or retracted. Verify your information entered (bid amount) before submitting your bids. Auction is subject to additions and or deletions prior to auction closing.

* INVOICES & PAYMENT TERMS: All Invoices are due and payable upon receipt. Buyer authorizes Ross Bandy Auctioneers, LLC dba Texas Auction & Realty to charge buyers credit card to pay invoices up to $2,500. A CashierÂ’s Check will be required for invoices over $2,500. You may pay in Cash when you pickup your items. If you have a preference in how you wish to pay, please let the Auctioneer know before the auction ends! Otherwise, all cards will be charged after the conclusion of the online auction. We continue to offer delivery to central locations in Ballinger and Midland Texas. There will be a $3 per lot charge for shipping or delivery. Any additional shipping charges we incur above that amount will be charged to your card for any shortages in the actual shipping cost.

* SALES TAX: Sales tax will be collected on taxable items at the appropriate sales tax rate unless you have filled out a valid Texas Resale Exemption form. You may fax your form to: (817) 594-0585. We must have this on file in order to exclude sales tax from your purchases on your final invoice.

* EXTENDED BIDDING / DYNAMIC CLOSING: If a bid is entered within the last fifteen minutes of the closing of an item, the closing time will be extended by ten minutes to ensure sufficient time for bidders to submit their bids. Extended Bidding will continue until no bids are placed within 10 minutes.

* PREVIEW & INSPECTION: The Preview and Inspection Schedule is available, and can be found in the Auction Listing Tab on the Auction Page. Individuals previewing items are personally responsible for any breakage/damage to items they are handling and will be charged appraised value for item(s). All people previewing assume all responsibility for their own safety. Auctioneer & Seller are not responsible for accidents.

* PICK UP TIME / REMOVAL: The Pickup Time / Removal Schedule is available, and can be found on the Auction Listing Tab on the Auction Page, and must be adhered to specifically. Any bid placed by a Bidder should be based on their ability to comply with the schedule as listed. Any Item(s) noted as *LOCAL PICKUP ONLY* indicates that Auctioneer will NOT move the item from the current location of the item(s), AND no shipping or delivery is available. Buyers MUST pickup these items and provide any additional personnel or equipment required to move the item. IF YOU CANNOT PICK UP THE ITEM DURING THE SCHEDULED PICKUP TIME --- DO NOT BID! Buyer is responsible for providing the supplies, boxes, packing material, tools, equipment, etc. necessary, as well as the physical labor for dismantling, rigging, crating, loading and hauling at their own expense.

* SHIPPING AND DELIVERY:
SHIPPING: is available on small items and can be grouped. Please send us an email at the conclusion of the auction if you need your items shipped, and include the address you wish the items shipped to. The delivery fee will be added in another line of your invoice. If that amount is not sufficient to cover the shipping expense, we may contact you for additional payment to cover the actual dollar amount required to get the package to the address provided.

DELIVERY: is available on any item(s) not specified as *LOCAL PICKUP ONLY*. Please send us an email at the conclusion of the auction if you need your items delivered, and specify if you want them taken to our central pickup location in BALLINGER, TX or MIDLAND, TX. The cumulative delivery fee will be added in another line of your invoice, according to the published amount for the item(s) you purchase. Any deliveries are subject to time available on our calendar, and space in our trailer. We do our best to get you your merchandise as soon as we can, however, that may sometimes be defined as Â‘several weeksÂ’.

* NOTICE TO BIDDERS AND BUYERS OF AUCTIONEER'S RIGHT TO REPOSSESS AND RECOVER DAMAGES:
By placing any bid, each Bidder or Buyer -
1) understands that Auctioneer or Seller incurs actual damages by non-performing Bidders or Buyers.
2) understands that Auctioneer or Seller may repossess any property not paid for by midnight on the 5th day after auction ends, and may close the non-paying Bidder account.
3) understands that Auctioneer or Seller may repossess any property not picked up by the Buyer or his/her representative on the 5th day after auction ends regardless of invoice payment status. A Storage Fee equal to any payments, may be levied at midnight on the 5th day after auction ends. Defaulting Buyer account may be closed, and a Â‘black flagÂ’ notification may be sent to the MarkNet Alliance.
4) understands that Auctioneer or Seller may request assistance from a third party to recover damages incurred as the result of a non-performing Bidder or Buyer.

Texas Auction & Realty makes no warranty that:
1) your use of the site will be uninterrupted, timely, secure, or error-free.
2) the results that may be obtained from the use of the site will be accurate or reliable.
3) the quality of any information or other material obtained by you through the site will meet your expectations.
4) the use or the inability to use the site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on this site; or any other matter relating to the site.
5) in case of any errors or malfunctions of hardware or software, Texas Auction & Realty reserves the right to cancel any transaction even if you have received confirmation of the transaction by email.
We strive to make this system as stable as possible, however errors and equipment malfunctions are possible and may happen without notice. We cannot and will not guarantee uninterrupted access to the Site or its services.

Millsap ISD 020315