September 24th, 2010 - Living Estate Auction

VERY IMPORTANT!!

Please contact Auction Company at 208-466-7400 or by email at info@musickauction.com. With any questions.Internet Buyer Premium is 15%.

(1) The highest bidder shall be the purchaser and no bidder shall retract his bid. ALL BIDS MADE IN U.S. DOLLARS. All sales are final. All buyers must register on-line thru our web site.

(2) Any dispute arising as to any bid shall be settled by the Auctioneers at their sole discretion and, at the Auctioneers' discretion, the Auctioneer may, immediately, put the lot in the dispute up again for sale.

(3) The Auctioneers shall have the right to consolidate or break down lots, or to offer a complete facility as a single lot. Auctioneers reserve the right not to acknowledge or accept any bid which is merely a fractional advance over the preceding bid. The Auctioneers retain the right, without notice, to withdraw any lot or lots, prior to sale of said lots.The auctioneer retains the right to bid on behalf of the consignor.

(4) The Auctioneers assume no responsibility for any liability once bid is accepted. Merchandise "as is" with all faults. Purchasers are advised to pre-arrange for insurance coverage of their purchases.

(5) All purchases must be paid in full on day of sale in U.S. DOLLARS ONLY. Acceptable methods of payment are cash, debit card, cashiers check, MasterCard/Visa or wire transfers, Money orders are not accepted.

(6) Titles are processed in accordance with the Idaho DMV. Rules in the State of Idaho may differ from rules in other states and may require further processing by the buyer. Units that do not require titles in Idaho may have such requirements in other states. The auctioneer/owner is not responsible, and may not be able to in some cases provide documentation required by other states.

(7) All applicable sales or excise taxes will be added to the purchase price of all taxable items unless the buyer files with the Auctioneers proof of exemption from all such taxes in a form satisfactory to the auctioneers. If there is a buyer's premium, the tax is applied after the combined total.

(8) The purchaser shall not be entitled to possession of any of his purchases until total purchase price of all his purchases has been fully paid and in the event the purchaser fails to pay the full purchase price for any lot within the prescribed time or fails to comply with any other terms of sale, the Auctioneers shall retain the possessory lien on all lots of the purchaser, and have the right to resell such lots by public or private sale without notice of any kind to the Purchaser. Any deficiency arising upon the resale, together with all expenses thereof, shall be paid by the purchaser. Any auction deposit shall be retained by the Auctioneers for application against such deficiency. Forfeiture of the deposit does not release the buyer from full payment.

(9) All cost and the responsibility of such removal shall be borne by the purchaser. The Auctioneers reserve the right to require proof of adequate insurance coverage from any purchaser of lots requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both the Consignor and Auctioneers against any damage caused by the act of Purchaser and/or his agents in connection with the dismantling or removal of any lot.

(10) All lots must be removed within the time announced or posted at sale. At Purchasers' sole cost and risk, and only in a manner approved by the Auctioneers. If for any reason the purchaser fails to remove any lot within the time specified, the lot shall be deemed abandoned and the Auctioneers, at there sole discretion, may resell per paragraph 7 above or removed and store the said lots at Purchasers' sole risk and expense. In addition, Purchaser shall be liable for any rent incurred or damages suffered by the Auctioneers because of Purchasers' failure to remove any lot within 10 days.

(11) No sale shall be invalidated by reason of any defect or inaccuracy in any of the lots by reason of their being incorrectly described in the catalog or elsewhere and no liability shall be by the Auctioneers in respect of any such faults or errors. Catalogs have been prepared only as a guide based on information from sources generally believed to be reliable and from the consignor but the accuracy thereof cannot be guaranteed or warranted by the Auctioneers. Bidder acknowledges that it is his responsibility to inspect all equipment and to make his own inquiries.

(12) If for any reason whatsoever, the Auctioneers' are unable to deliver any lot, or any necessary documentation required in respect of any lot, the Auctioneers' sole liability, if any shall be the return of any monies paid on such lot.

(13) Except as herein set out there shall be no guarantees or warranties expressed or implied, statutory or otherwise of any nature whatsoever. Each and every item will be sold "As Is, Where Is", with all faults. ALL SALES ARE FINAL. Auctioneer reserves the right to bid on behalf of the seller.

(14) Bills of sale and necessary vehicle documents will, if available, be delivered at time of payment in a form satisfactory to the Auctioneers and will otherwise be mailed to the purchaser within ten (10) days of payment of the full purchase price as set out above. Documents will be available subject to consignor providing name. Documents provided will be prepared to be effective only in the state in which the auction is being conducted.

(15) Bidder acknowledges that an auction site is a potentially dangerous place with noxious, corrosive and pressurized substances being present, heavy equipment being operated and electric circuits being live. Every person at the Auction Site before, during and after the auction sale shall be deemed to be there at his own risk with notice of the condition of the premises, the activities on the premises and the conduct of the third parties and the Bidder shall so advise his agents and employees. No person shall have any claim against the auctioneers, their agents, employees, sellers, owners or principals for any injuries sustained or for damages to or loss of property which may occur from any causes whatsoever.

(16) Miscellaneous items left after 3 days following the Auction will be considered abandoned and sold for storage unless the buyer has made prior arrangements and the auction company has agreed in writing. Titled vehicles will be charged $25.00 per day following the Auction. Vehicles left outside the security gate longer than 1 week following the auction will be towed at owners' expense.

(17) 15% Buyer Premium will apply to each item unless declared otherwise. 10% Buyers Premium for cash, check, or debit card payment. Sales tax of 6.85% will be applied on total amount.