By registering as an Internet Buyer, you are agreeing to the following terms and conditions:

1) All Internet Buyers must provide the information required by the auctioneer in order to be approved. I you want to provide a Bank Letter of Guarantee. All letters must be faxed to 908.842.0427. The letter must state and represent as follows: "Mr. (Customer Name) is a customer in good standing at our bank. We will guarantee the payment of checks on his account (account number) up to (specify amount) dollars for purchase at your auction in (Auction Location) on (Auction Date). We hereby agree that no stop payment will be issued in conjunction with this letter."

2) Buyer will pay a 5% Internet Purchase Fee on the "hammer price" (winning bid amount) for all online purchases plus the Auctioneer’s Buyers Fee.

3) Applicable State of Sales Tax will be charged on all Lots unless a completed Nebraska Sales tax exemption form has been provided to the auctioneer. (NE Form 13)

4) Payment in full must be made within 48 hours in the form Cash, Wire Transfer, Cashier’s Check or a Company Check accompanied with a bank letter of guarantee.

5) All purchases must be removed from the premises within fourteen days from day of sale. No equipment will be released until payment is made in full and the purchaser receives a receipt showing purchase has been paid in full. Purchasers are responsible for making pick up arrangements with the seller within 14 days unless other arrangements have been made with the seller. If the equipment is not picked up within 14 days of the purchase date a storage fee of $50/day will be applied to the final purchase price. After 45 days, the item will be considered abandoned and Highmark Auctions will resell the item with no compensation to buyer.

6)Trucks, Trailers, ATV/UTV, Boats, and Vehicles that have a title/licensable will be supplied a Nebraska Form 6. Tax and license requirements will be subject to the rules in the State of the purchaser and are the purchaser’s responsibility. A $25.00 title fee will be charged.

7) Bidders are personally responsible for any bids made with their Bidding Number. If the highest bid for any particular lot is submitted using your Bidding Number, you are responsible and liable for any payments due hereunder, without protest, set-off or claim against the Auctioneer or Equipmentfacts LLC ("Equipmentfacts").

8) The highest bidder for each Lot shall be the Purchaser, and in the event of any dispute the Auctioneer and Equipmentfacts shall have absolute discretion either to settle such dispute as they determine or to re-offer the lot for sale.

9) Neither Auctioneer nor Equipmentfacts shall be liable for any loss or damage howsoever arising (including but not limited to costs of attendance of Bidders at the Auction) from any Lots not presented for sale.

10) You acknowledge and understand that the descriptions of the Lot(s) in the catalogue for each auction are provided by the Vendor(s) or other third parties over whom the Auctioneer and Equipmentfacts have no control, not by the Auctioneer or Equipmentfacts. The Auctioneer and Equipmentfacts shall not be liable for any deficiencies, misstatements, misrepresentations and/or errors in any description(s), oral or printed, and neither the Auctioneer nor Equipmentfacts guarantee or warrant the authenticity, genuineness, origin, age, condition or quality of any Lot(s), and all statements as to these matters whether contained in the catalogue or made orally are statements of opinion only and not to be taken as being or implying a statement or representation of fact by the Auctioneer or Equipmentfacts. All claims against the Auctioneer and Equipmentfacts, and their respective employees and agents, arising out of or related to any Lot description are hereby waived and forever released.

11) Each and every Lot is sold "as-is, where-is." All sales are final. The Auctioneer and Equipmentfacts provide no guarantees or warranties whatsoever, express or implied, in respect of the equipment contained in or constituting a Lot. All representations made by the Auctioneer and Equipmentfacts, as well as their respective employees or agents, are to be considered lay opinions only and neither the Auctioneer nor Equipmentfacts shall be liable for any purchase made by a Buyer in reliance upon them, and all such claims arising out of or related thereto are hereby waived and forever released.

12) The Buyer agrees to insure the equipment or item purchased against all losses from the Auction Date until removal of the Equipment by the Buyer. Neither Auctioneer nor Equipmentfacts shall have any responsibility or liability whatsoever for or pertaining to the equipment or item purchased once the Buyer has been determined to be the successful bidder.

13) The Buyer acknowledges he/she has read and agrees to be bound by the additional terms and conditions set forth herein.