Last update December 10^th,2005

1. The services provided by BidatSoldNow are governed by these Terms and Conditions. By participating in an Auction Event on bidatsoldnow, you consent to be bound by these Terms and Conditions as well as by any additional terms that may be imposed by the seller or announced before the auction begins.
    
2. All potential bidders must register online at www.bidatsoldnow.com or at the auction site before the auction before you can participate, Live auction events require a valid driver’s license or other acceptable form of photo identification. bidatsoldnow may, in its sole discretion, deny registration to any person or entity.
    
3. All assets in the auction shall be sold to the highest bidder. BidatSoldNow, and/or its affiliates or subsidiaries, may bid at the auction either for its own account or on behalf of a third party. In the event of a dispute among bidders, BidatSoldNow may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. All sales are final. No returns or refunds will be permitted, unless authorized by the seller in writing.
    
4. In the event of any dispute concerning the winning bid price for an asset, the record kept by BidatSoldNow shall control.
    
5. Bidders shall examine or inspect items prior to the day of the auction if this is available. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER SELLER NOR BidatSoldNow MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ASSET. BidatSoldNow AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BidatSoldNow will announce if any item carries a manufacturer’s warranty at the time the item is offered for sale. Assets are intended to be sold without software, if any is applicable. In the event that a Seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, BidatSoldNow makes no representations or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise. In such circumstances, BidatSoldNow recommends that Buyer contact the software manufacturer directly to resolve any such issues.
    
6. BidatSoldNow relies on information about assets in the auction provided by the seller. BidatSoldNow undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information. Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or seller relating to asset photographs or descriptions.
    
7. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located. Please contact your state regarding any questions.
    
8. Registration / Payment:
   Each successful bidder is required to have on file with BidatSoldNow current credit card information, which will be used to verify bidders identity and guarantee full payment of purchased items. If BidatSoldNow has not received full payment within the allotted time set forth in the Auction Terms; the winning bidder  authorizes BidatSoldNow to charge Bidder’s credit card for the full amount of the purchase including Buyers Premium and any applicable Tax. If a bidder fails to make a timely payment, the assets in question may be resold without notice. Full payment of the purchase price is due at the earlier of (i) 72 hours after the bidder has received an invoice, or (ii) the close of business on the third business day after the auction. Without limiting the foregoing, full payment is due prior to the removal or shipment of purchased assets. In the event that a bidder fails to pay the purchase price (in addition to the buyer’s premium and any applicable tax) within the time specified by BidatSoldNow or otherwise fails to comply with these Terms and Conditions, BidatSoldNow and the Seller will retain a 25% deposit as liquidated damages without notice. BidatSoldNow and the Seller reserve the right to resell such items without notice, and the defaulting purchaser shall be liable to BidatSoldNow and Seller for any resulting deficiency, including costs incurred in storing and reselling such assets.
    
9. BidatSoldNow accepts the following methods of payment: cash, VISA™, MasterCard™, Discover™, Paypal™, cashier’s check, and wire transfer made payable to BidatSoldNow. BidatSoldNow also will accept a company check if it is accompanied by a letter from the company’s bank guaranteeing payment in full, without condition and upon demand. In some instances payment by credit card will not be offered.
    
10. By participating in an auction, each bidder represents, warrants and covenants that (i) it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, (ii) it has the capacity to close the transaction, (iii) it has actual authority to enter a bid, and to enter into an agreement to purchase the item, and (iv) any bid it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.
     
11. BidatSoldNow may, in its discretion, offer the assets for sale by the piece or by the lot. In addition, BidatSoldNow may augment this auction with assets from various sellers. These assets may be interspersed throughout the auction. The seller has the right to remove assets from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the purchaser’s sole remedy shall be the refund of any purchase price actually paid.
     
12. BidatSoldNow will announce any additions to or deletions from the catalog on the day of the auction. BidatSoldNow and the seller assume no responsibility for, and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders’ obligation to verify such descriptions prior to the auction.
     
13. Neither BidatSoldNow nor seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any bidder or any other person or entity in connection with the auction. Without limiting the foregoing, in no event shall BidatSoldNow’s liability to any bidder for any act or omission occurring in connection with the auction exceed the amount that such bidder has actually paid to BidatSoldNow as a deposit or as payment for a purchased item.
     
14. BidatSoldNow will announce the removal, or "check-out," period on the day of the auction in the case of a live event. Online auctions will have the details posted on the auction event detail page. BidatSoldNow shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the purchaser's sole responsibility to arrange and pay for the removal and shipment of purchased items. Also, it is the purchaser's responsibility to provide, and/or ensure their agent(s) performing removals on their behalf provide, upon demand, evidence of the following insurance policies with reliable insurance companies, and in the following amounts: $2,000,000 combined single limit, $1,000,000 property damage and $1,000,000 comprehensive general liability with contractual liability in the case of all riggers; and $500,000 cargo and $1,000,000 comprehensive general liability in the case of carriers; and such other insurance as may be required by any governmental authority, including workers’ compensation insurance. Removal shall be conducted responsibly and with due care for the seller's premises. The purchaser shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased items. If the purchaser does not remove an item within the announced check-out period, BidatSoldNow and the seller may, in their sole discretion, deem the item to have been abandoned by the purchaser and the purchaser will have no further rights with respect to the item. Notwithstanding the foregoing, BidatSoldNow and the seller reserve the right to charge the purchaser for the costs of storage beyond the check-out period. Default - If User defaults in its payment or other obligations hereunder or with respect to the Assets, User agrees to reimburse Bidatsoldnow, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns for all costs and expense, including but not limited to legal fees whether or not formal legal action is instituted, incurred by Bidatsoldnow in recovering the Assets, recovering any money due, and enforcing its rights hereunder.
     
15. Bidders acknowledge that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Bidders shall so advise their agents and employees. No person shall have any claim against BidatSoldNow, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the auction site.
     
16. It is the purchaser’s sole responsibility to meet all governmental safety and environmental standards in removing, shipping and using purchased items. Certain of the items for sale may contain “hazardous substances,” as that term is defined under federal, state or local environment laws and regulations. BidatSoldNow has no duty to remove any hazardous substances that are contained in or are a part of any item. Purchasers agree to defend (by counsel satisfactory to BidatSoldNow) and indemnify BidatSoldNow and hold BidatSoldNow harmless from and against any claim, demand, cause of action, liability or expense (including attorneys’ fees and costs) asserted against or incurred by BidatSoldNow in connection with the sale, removal, shipment or use of any purchased items.
     
17. These Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the State of Minnesota, without regard to conflict of laws provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Minnesota located in Hennepin County.