APX Null Machine Shop

TERMS AND CONDITIONS 1. All machinery, equipment, merchandise and other items (the "Goods") are sold on an "AS IS/WHERE IS" basis with no warranties or representations whatsoever, either expressed or implied. Neither Ironside Machinery nor the consignor makes any warranties or representations of any kind or nature with respect to the property or its value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of its value. No statement (oral or written) in the catalog, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. INSPECT BEFORE YOU BUY! Prospective bidders are urged to contact Ironside Machinery directly for detailed information regarding any lot. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY are expressly disclaimed. 2. IDENTIFICATION: All purchasers are required to register and give full name, address, phone and email address. All perspective international webcast bidders must post a 10% deposit of approximate planned spending budget in-order to be approved. 3. DEPOSIT: Each Buyer will be required to make a deposit of not less than twenty five percent (25%) of the Buyer's TOTAL PURCHASE PRICE by the end of sale day. In default of such deposit, the lot may be put up again immediately and resold. 4. A BUYER’S PREMIUM of Eighteen Percent (18%) of the bid price will be added to the price of each item purchased to arrive at the total purchase price. 5. PAYMENTS: (ALL SALES ARE IN US DOLLARS) All invoices must be PAID IN FULL by the sales conclusion or prior to removal, whichever occurs first. If not, the merchandise will be deemed abandoned and the Buyer will lose any right, title or interest they may have acquired and the merchandise shall revert and repossess to Ironside Machinery without further notice to the Buyer and the transaction shall be null and void as to the Buyer. 6. SALES TAX: Buyer is responsible for any applicable SALES and USE TAXES, unless a proper exemption certificate including tax exempt number is presented at time of payment. 7. MANNER OF PAYMENT: All deposits and balances due shall be payable to the order of IRONSIDE MACHINERY COMPANY. All payments must be made by Cash, Cashier’s Check, Wire Transfer or Company Check with Bank Letter of Guarantee. The FULL PURCHASE PRICE on all lots must be PAID IN FULL prior to removal. 8. REMOVAL: Buyers or their Agents must remove all Goods purchased before the posted removal date. NO GOODS SHALL BE REMOVED until the full purchase price and all applicable taxes thereon have been received by Ironside Machinery in the form required herein. Any Goods not removed on or before the Removal Date shall be subject to storage charges that Ironside Machinery may in its discretion impose. ANY ITEMS NOT REMOVED ON OR BEFORE THE REMOVAL DATE SHALL BE DEEMED ABANDONED AND IRONSIDE MACHINERY SHALL HAVE NO FURTHER OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS. 9. Buyer shall be responsible for the safe and proper removal of ANY GOODS PURCHASED by the Buyer. Ironside Machinery DOES NOT PACK, SHIP, STORE, CRATE, PALLETIZE OR RIG any item. Buyers are responsible to remove all items at their own expense. 10. INSURANCE: All Buyers, or the Buyers riggers, must provide Ironside Machinery, Owner and Landlord a certificate of insurance in amounts acceptable to the above parties prior to removal of any machinery and equipment. 11. SHIPPING: All coolants, oil and fluids must be drained from all machinery and equipment prior to removal. All of this must be done in compliance with state and federal regulations. 12. CLAIMS: After Buyer has removed any item from Ironside Machinery’s possession, Ironside Machinery shall have no obligation to make any adjustment or accommodation to Buyer because of any mistake in quantity or other defect or problem with respect to such item. Buyer must make all requests for adjustments in writing to Ironside Machinery before any item is removed from the premises where the auction is conducted. 13. RESPONSIBILITY FOR NON-DELIVERY: Ironside Machinery shall not, in any event, be liable for non-delivery of such lot, storage or removal fees or costs, lien satisfaction or for any other matter or thing, to any Buyer of any lot, other that for the return to the Buyer of the deposit or sum paid on said lot, should the Buyer be entitled thereto. 14. Ironside Machinery shall not be responsible for any damages, loss or theft of Goods except in the case of Ironside Machinery’s willful misconduct. Without limiting the foregoing, Ironside Machinery shall not be responsible for damages or losses caused by strikes, civil disorders, terrorism or acts of Nature. 15. All persons are inspecting, bidding and removing assets at their own risk and liability without recourse on Ironside Machinery. Further the undersigned and their employees or agents agree to hold Ironside Machinery and their agents and employees harmless from all claims of any kind or type. 16. Bidders must bid only on those items they are prepared to pay for and remove in accordance with the terms and conditions of this sale. 17. By agreeing to these terms and conditions you signify that you have the authority and you are binding your company, yourself (as an individual and/or employee) and any agents or persons who conduct business using your buyers number and/or under your employment control. This includes liability as to payment and all disclaimers. 18. Ironside Machinery reserves the right to group, reduce, add, or delete lots. 19. Ironside Machinery, in its sole discretion, reserves the right to establish a reserve or minimum price on any Goods without having to announce, post or publish notice to attendees and buyers at any auction. Ironside Machinery reserves the right to confirm or reject the final bid. Further, Ironside Machinery, and/or its affiliates or subsidiaries, may bid at the auction either for its own account or on behalf of a third party. 20. Buyer hereby agrees to defend, indemnify and hold harmless Ironside Machinery their directors, officers, employees and other agent representatives from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, including attorney’s fees, incurred or suffered by such person arising from, by reason of, or in connection with any loss, damage or injury to person or property arising from, by reason of or in connection with the assets sold hereunder. 21. Any controversy or claim arising out of or related to this Agreement, or any alleged breach of the terms hereof, shall be settled by arbitration in accordance with the rules, procedures, and regulations promulgated by the American Arbitration Association (“Arbitration Proceeding”). The arbitration hearing shall be held in the State of Pennsylvania. The Parties hereby agree that the award rendered by the person conducting the Arbitration Proceeding (“Arbitrator”) shall be final and non-appealable, and judgment may be entered upon the award in any court of competent jurisdiction. The Arbitrator shall not have the authority to award punitive damages against either Party. The Party who files notice of demand for an Arbitration Proceeding (“Initiator”) must assert in such demand all claims then known to the Initiator against the other Party (“Respondent”), and the Initiator may amend its demands and claims only with the consent of the Arbitrator. 22. BACKUP BIDDER: If a winner at the auction does not meet obligations to pay for the lot purchased, the next highest bidder will be considered the winning bidder and will be required to close on such purchase within the terms and conditions herein. 23. ADDITIONAL TERMS AND CONDITIONS: Ironside Machinery may add other terms and conditions of sale, such additional terms and conditions to be posted online prior to the auction. 24. All online bids are considered offers until Ironside Machinery sends out the invoices for the auction, at which time the sale is final. Ironside Machinery reserve the right to, (1) cancel, suspend, extend or reschedule the sale of an individual lot, auction and/or auction event, (2) make changes to the auction’s closing, inspection, or removal times, or (3) take any other action that Ironside Machinery deems necessary to effect the fair conduct of this sale/auction.

Buyers or their Agents must remove all Goods purchased before the posted removal date. NO GOODS SHALL BE REMOVED until the full purchase price and all applicable taxes thereon have been received by Ironside Machinery in the form required herein. Any Goods not removed on or before the Removal Date shall be subject to storage charges that Ironside Machinery may in its discretion impose. ANY ITEMS NOT REMOVED ON OR BEFORE THE REMOVAL DATE SHALL BE DEEMED ABANDONED AND IRONSIDE MACHINERY SHALL HAVE NO FURTHER OBLIGATION TO BUYER WITH RESPECT TO SUCH ITEMS.