THIS IS AN ONLINE ONLY AUCTION

Please read the terms carefully as they are a legal binding contract between you and Atterberry Auction & Realty Co., LLC.

All disputes will be settled by arbitration in Boone County, Missouri.

If purchases are not settled within 3 business days of the close of the auction, it is in default. Upon default, the Bidder will be black listed on Atterberry Auction & Realty Co., LLC as well as MarkNet auctions and will be charged 25% of bid price or $500, whichever is greater, and the merchandise will be forfeited back to Atterberry Auction & Realty Co., LLC.

Any item(s) remaining after 30 days of auction close are considered forfeited and become property of Atterberry Auction & Realty Co., LLC. No refunds will be given.

Any item(s) remaining on sale site after pick-up are also subject to forfeit with no refund given.

Any item(s) Atterberry Auction & Realty Co., LLC hauls from sale site are subject to a $20.00+ per item hauling fee. Anyone who does not pick up their item(s) at the specified pick-up time, is subject to a $20 convenience fee.

Due diligence is the responsibility of the Bidder/Buyer. All sales are final. No credit card charge backs will be allowed. Items may only be removed upon receipt of payment in full. Buyers assume complete responsibility for care of each purchase at time of sale. We reserve the right to refuse service to anyone. All statements made prior to the sale of any item take precedence over written material and any prior verbal statements. The auction company is not responsible for accidents, thefts, errors or omissions.

The auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices. The auctioneer reserves the right to cancel, suspend, extend or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times.

BUYERS PREMIUM: A 10% buyers premium will be added to each purchase. If you bid $100.00, at checkout you will be charged $110.00.

PARTICIPATION REQUIREMENTS: Valid credit card required for bidding approval. We will accept Visa, MasterCard and Discover. A pre-auction authorization will be performed to establish available credit. Credit cards may show a hold on funds for a short period of time. NOTHING will be charged to your card until a purchase is made.

PAYMENT: All accounts must be settled at the conclusion of the auction pick-up. We accept Visa, MasterCard, Discover, cash, cashiers check, wired money or personal check. No out of state checks, please. There is a 3.5% convenience fee unless paid by wired money, personal check, cashiers check or cash. Payment must be made at Pick-up prior to loading items. Your credit card will be charged for your purchase(s), plus buyers premium(s), if payment has not been received by Wednesday, November 28th at 5:30PM (CST). Each transaction necessary to collect insufficient funds will have a $30 fee imposed.

CURRENCY TYPE: USD

PAYMENT INSTRUCTIONS: Visa, MasterCard, Discover, wired money, cashiers check, personal check or cash. No out of state checks will be accepted. You will receive an invoice after the auction ends with confirmation of items won with the purchase total and buyers premium. Please print out and bring to the pick-up day. On day of the pick-up, a 3.5% convenience fee will be added for use of credit card. At the pick-up site, cashiers will be available for you to pay for your items. After paying for your item(s), you will be given a paid receipt then you may proceed to load your item(s). Your credit card will be charged for your purchase(s), plus buyers premium(s), if payment has not been received by Wednesday, November 28th at 5:30PM (CST). If your item(s) are available for shipping and you want them shipped, you must notify Atterberry Auction & Realty Co., LLC. within 24 hours of the auction ending. Your credit card on file will be charged for the winning item(s) plus the 10% buyer's fee and the 3.5% convenience fee. In addition, your card will be charged separately for the cost of shipping and the shipping materials as outlined in shipping instructions.

AUCTION CLOSING: The bidding on this Auction will close on Tuesday, November 27th at 12:30PM (CST).

This auction features EXTENDED BIDDING! This feature extends the bidding on a lot for FIVE minutes past the closing time, if a bid has been placed on that lot within the last FIVE minutes of the auction. It will remain open until there are no bids on that lot for FIVE minutes. This only affects lots with last minute bids. Any lot not bid on in the last FIVE minutes will continue to close at their normal times. An example would be if you were participating in an Online Auction that closed at 12:30 p.m and you placed your bid at 12:28 p.m. That lot would be extended until 12:33 p.m. and would keep extending FIVE minutes after each new bid is placed. It will stop extending when no bid had been placed for FIVE minutes.

This auction also features MAXIMUM BIDDING. When you place your MAX BID, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. If someone has already entered a MAX BID item you are bidding on, the system will automatically bid for you until you are the current high Bidder or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID. You may request out bid notices when registering for your online bidding account. You can choose to have them sent to your email, cell phone via text message or both. If you are not able to be around a computer/mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you enter your MAX BID when bidding. Your MAX BID would be considered the maximum amount you are willing to pay for your item. Please remember, you can always raise your max bid, but you CANNOT lower it. Be aware of this while bidding. If you have any questions please call us at 573-474-9295.

PREVIEW DATE & TIME: Preview will be Monday, November 26th from 12:00PM to 3:00PM at 5601 Algoa Rd., Jefferson City, MO.

PICK-UP/LOAD OUT: Winning Bidders can pick their items up on Wednesday, November 28th from 10:00AM to 5:30PM at 5601 Algoa Rd., Jefferson City, MO. Your credit card will be charged for your purchase(s), plus buyers premium(s), if payment has not been received by Wednesday, November 28th at 5:30PM. (CST). Any items left after the specified load out date will be considered forfeited. It will be the buyer's responsibility to dismantle and disconnect any and all equipment and furniture. Please bring your own packing materials and moving equipment.

SHIPPING INSTRUCTIONS: Our first priority is to deliver your new purchase in excellent condition. The auction company, through the United States Postal Service or United Parcel Service, can arrange packing, shipping, and insurance. Buyer will be solely responsible for remitting payment for any and all shipping costs including pick up fees, postage fees, packing, handling, tracking, insurance, crating fees and any other associated costs directly to the auction company. Packing, shipping and insurance costs may be quoted before shipping, if possible. All items will be insured for the purchase price. PLEASE NOTE THAT NOT ALL ITEMS ARE ELIGIBLE FOR SHIPPING. Only small items will be shipped. If you are not for sure if an item is available for shipping, please contact our office before bidding. If your item(s) are available for shipping and you want them shipped, you must notify Atterberry Auction & Realty Co., LLC. within 24 hours of the auction ending. Your credit card on file will be charged for the winning item(s) plus the 10% buyer's fee and the 3.5% convenience fee. In addition, your card will be charged separately for the cost of shipping and the shipping materials as outlined in the payment instructions.

WARRANTY & CONDITION OF ITEMS SOLD: All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. It is the responsibility of the buyer to determine the condition of the items and bid accordingly.

CAUTION: For demonstration purposes, various equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.

CATALOG DISCREPANCIES: You are bidding on the described item not the photograph, occasionally the wrong photo may be displayed, always read the item description.

CHOOSE WISELY: We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.

Special Terms of Sale

1. All property is sold AS-IS Where-Is, and ALL SALES ARE FINAL. Property is open to thorough public inspection on inspection date. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Atterberry Auction & Realty Co., LLC may attempt to describe the merchandise in advertising and on the Internet, but makes no representations. In no event shall Atterberry Auction & Realty Co., LLC be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Some items may be listed as NIB/New in Box. Buyer should be aware that there will be several people that may handle each item during the preview. Every effort will be made to ensure that each item stays in the same condition that it was photographed in. However all property is sold AS-IS, and ALL SALES ARE FINAL.

2. There will be no international bidding/shipping available. If you register for the auction and are not in a Jurisdiction that a firearm can freely and legally be shipped to, your bidding account will be revoked.

3. Bidders who bid online and do not attend the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Atterberry Auction & Realty Co., LLC shall endeavor to describe in detail each item and any pertinent information about it. Atterberry Auction & Realty Co., LLC will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.

4. Atterberry Auction & Realty Co., LLC is providing Internet bidding as a service to Bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against Atterberry Auction & Realty Co., LLC or anyone else if the Internet service fails to work correctly before or during the Online Auction. Atterberry Auction & Realty Co., LLC will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction ends. Atterberry Auction & Realty Co., LLC reserves the right to withdraw or re-catalog items in this auction.

5. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder. Auctioneer will not honor a mistake.

6. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the Seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the Seller.

7. Titles, if applicable, will be disbursed on the Auction pick-up day only if payment is made in cash; otherwise they will be processed and mailed 14 business days after Auction pick-up contingent upon confirmed payment.

8. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Auctioneer and Seller from any liability.

9. If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged.

10. Information in brochures, catalogs and other advertisements are from sources believed to be reliable; however prospective purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies.

CAT High Lift, Backhoe, Dozer & Other Construction Equipment At 5601 Algoa Rd., Jefferson City, MO