All bidders agree to be bound by this bidder contract by placing a bid. PLEASE SCROLL & READ ALL TERMS LISTED BELOW, INCLUDING PREVIEW, PICKUP, and SHIPPING INFORMATION. **WE DO NOT SHIP ANYTHING THAT IS BREAKABLE**

* TERMS OF SALE: 10% Buyer Fee added to high bid at invoice and becomes the contract price. All items are being sold AS IS, WHERE IS, No Warranties or Guarantees of any kind. No Returns, No Refunds. Transfer of ownership of merchandise to prospective buyer occurs at the point of payment to Auction company. 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 Bidders 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 Bids cannot be withdrawn or retracted.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 Company may change bidders usernames or passwords at the sole discretion of the Auction company. Auction is subject to additions and or deletions prior to auction closing.

* INVOICES & PAYMENT TERMS: All Invoices are due and payable upon receipt. You may pay by Cash, Check, or Credit Card up to $2,500 when you pickup your items.

* 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 email your form to: info@texasauctionrealty.com. 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 five minutes of the closing of an item, the closing time will be extended by five minutes to ensure sufficient time for bidders to submit their bids. Extended Bidding will continue until all bidding has ceased.

* 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 pickup schedule as listed. 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. ANY ITEM NOT PICKED UP WITHIN 5 DAYS WILL BE CONSIDERED ABANDONED. IF THE BUYER INVOICE IS NOT PAID, THE DEFAULTING BIDDERS ACCOUNT WILL BE CLOSED FOR ALL MARKNET ALLIANCE AUCTIONS.

* SHIPPING AND DELIVERY:
SHIPPING: is available on small items and can be grouped. **WE DO NOT SHIP ANYTHING THAT IS BREAKABLE**. 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, as well as a method of payment. No items will be shipped until payment has been received for the total invoice including shipping charges. When possible, we use USPS Flat Rate Boxes - The shipping cost will be invoiced as follows: Large - $25, Medium - $20, Small - $10.

DELIVERY: is by quotation only a minimum of 24 hours prior to the end of bidding.

* 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 black flag notification may be sent to the MarkNet Alliance removing registration access to all MarkNet websites.
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.
5) ANY ITEM NOT PICKED UP WITHIN 5 DAYS WILL BE CONSIDERED ABANDONED. IF THE BUYER INVOICE IS NOT PAID, THE ITEM(S) WILL BE RESOLD AND THE DEFAULTING BIDDERS ACCOUNT WILL BE CLOSED FOR ALL MARKNET ALLIANCE AUCTIONS.

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 Surplus 020123