TERMS AND CONDITIONS OF SALE Harper Auction & Realty Michael B. Harper Auctioneer/Owner Absolute Auction: This property will be sold to the highest bidder at auction regardless of price, without reserve, a requirement of a minimum bid or without competing bids. The seller certifies that the he has a bona fide intent to transfer ownership of the Property to the highest bidder regardless of the amount of the highest bid. The seller reserves the right to accept or reject any offer prior to auction day. Once the auction has been opened the Property cannot be withdrawn from auction. The seller certifies that the seller or anyone acting on the Seller’s behalf will not bid or otherwise participate in the bidding process at the auction. Disclaimer: All information furnished prior to the sale was obtained from sources believed to be correct. The buyer is responsible for doing his own due diligence investigation, and for inspecting or examining the property prior to sale. Failure of the buyer to inspect the property prior to the sale will not constitute grounds for any claims or demand for adjustment or rescission of the sale or for withdrawal of any bid, offer or deposit. The property is sold “as is” and “where is” and without warranty of any kind. Neither the Seller nor the Auctioneer/Broker make any guarantee or warranty expressed or implied as the quality or condition, size or fitness for any use or purpose. No claims will be considered for allowance or adjustment, or for rescission of the sale based upon failure of the property to conform with any representation expressed or implied. Title to be delivered: Seller warrants the Property will be free and clear of all liens & attachments. Registration: Bidders can register any time prior to the sale. Registrants should be prepared to provide name, address, Photo ID, and acknowledge that you have read the Terms and Conditions of Sale. Payment immediately after purchase by cash approved credit card or approved check. Buyer’s Premium: MasterCard, Visa, Discover and American Express customers pay 13% Buyers Premium with a 3% discount for Cash or Check. Announcements: All announcements made by the Auctioneer on Sale Day will take precedence over all printed matter and all other oral statements previously made. Bidding and conduct of the sale is at the discretion of the Auctioneer. The Auctioneer will settle all disputes and will make sole, absolute and final decision on all sale matters. Other than seller confirmation of sale (See Paragraph 1) all decisions are those of the Auctioneer. The Auctioneer reserves the right to reject any bid, and to cancel the sale before opening the sale for bids. Vehicles and Titles: Harper Auction & Realty is not acting as a dealer in the sale of these vehicles. We are a facilitator of the private sale of these vehicles between the seller Charleston Truck & Bus, Inc. and the buyer as part of the business liquidation. Vehicles will be sold in four ways: 1) Sold without titles as parts only (sales tax collected) 2) Sold as parts only with a title so marked and given as information only (sales tax collected) 3) Sold with “open title” and announced as such (tax exempt) 4) Sold with Charleston Truck & Bus, Inc. title and announced as such (tax exempt) 5) Sold with Charleston Truck & Bus Bill of Sale only (Fire Truck) (tax collected and verified for DMV). Parts only vehicles with info titles will be given immediately upon sale. Transferrable titles will be transferred by the owner 10-days after payment by check, or immediately upon payment in cash. Since the Fire Truck is over 25 years old, obtaining a new title is a procedural matter handled by the buyer with assistance as necessary from the seller. Absentee (Proxy) Bids: Any bidder who will not be available to attend the auction is free to place with the Auctioneer an Absentee Bid form indicating their minimum and maximum authorized bid. The Auctioneer or a bid assistant will bid in proxy for the absentee bidder in accordance with their instructions and the bid increments announced by the Auctioneer, up to their maximum authorized bid, but in no case will the Auctioneer or bid assistant bid more than is necessary for the absentee bidder to be the successful buyer. Telephone Bidding: Telephone bidding will be utilized in this sale on a limited basis. Contact Mike Harper at 843-729-4996 for details and instructions for phone bidding. Governing Law/Arbitration. These Terms and Conditions, and their interpretation, shall be governed by the laws of the State of South Carolina. Any suit relating to the auctioneer or his actions shall be brought in the Court of Common Pleas in Charleston County SC. Any controversy or claim arising from or relating to the actions of the auctioneer shall be settled by arbitration and judgment on the decision rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any litigation, arbitration or other legal proceeding which may arise between any of the parties hereto, the prevailing party shall be entitled to recover its costs and expenses, including costs and expenses of arbitration, court costs and expenses incurred on appeal, and reasonable attorneys’ fees incurred in any dispute through arbitration and appeal of and final judgment in addition to any other relief to which such party may be entitled. Bid Rigging and Sherman Antitrust Violations: The Auction Firm will refer and/or prosecute to the fullest extent of the law any efforts on the parts of bidders or bidder’s agents to collude, suppress, combine, conspire to or otherwise interfere with the free bidding of any and all parties. Any agreement to suppress free bidding is an infringement upon free trade under these laws and will not be tolerated.