PLEASE READ AND REVIEW THE FOLLOWING TERMS THOROUGHLY PRIOR TO BIDDING. It is very IMPORTANT that every Bidder read and understand the Terms & Conditions BEFORE bidding. Each Bidder is solely responsible for inspecting items of interest BEFORE bidding (all items are sold AS IS, WHERE IS) & picking up purchased items on the DESIGNATED day and time. By bidding in this auction, Buyer agrees to ALL terms & conditions set forth and enters into a contractual agreement to purchase each item under the following Terms & Conditions. ************************************************************** Terms & Conditions: ONLINE BIDDING ONLY will begin to close on Monday, May 6th, 2024. See below for closing information. * Deadline to consign: Friday, April 26th, 2024 at 4 PM. * Pick up: Tuesday & Wednesday, May 7th & 8th, 2024 between 9 AM - 4 PM. * Items that have not been removed from Fowler Auction's sale yard within fifteen (15) business days of the auction date, a $10/day storage fee will be charged to the Buyer. * To request shipping information, please contact David Vess at (256) 426-0005 or Greg Bottom at (256) 777-4496. Both can also be reached at our office at (256) 420-4454. A 10% Buyer's Premium & Sales Tax (2.25% Farm, 2.75% Vehicle, 5.5% General) Plus Vehicle Processing Fee & Title Application Fee (when applicable) will be added to the highest bid price to arrive at the final purchase price. Payment in full by cash, check, credit card or cashier's check must be received by our office no later than Tuesday, May 7th, 2024 at 4 PM. If previous arrangements have not been made, all unpaid invoices will be charged to the credit card on file on May 8th. All sales are final. A note to Consignors: Titles are required to sell vehicles & most trailers and MUST be presented with vehicle or trailer at check-in. Item will be removed from the auction if the title is not in our office 48 hours prior to auction start time. Consignors: Any item sold under $100.00 will automatically be sold Absolute. If you wish to have a reserve price, you must ensure the Auction Manager has the reserve price(s) by end of business day Friday, April 26th; otherwise, the item(s) will be sold absolute. All sales are subject to Alabama sales tax, unless you have an Alabama sales tax exemption number. A sales tax number must be included in your Fowler Auction ONLINE Bidding Profile and a certificate MUST be presented to Fowler Auction for our records. All lots are subject to owner confirmation. Applicable vehicle titles will be processed (within 10 days of auction date) and mailed to Buyers after auction. Payment via check for titled vehicles must be from the individual or company as registered. ALL PURCHASED VEHICLES WILL INCUR A VEHICLE PROCESSING FEE (INCLUDING DEALERS). ALABAMA RESIDENTS WILL INCUR A $16.50 FOR TITLE APPLICATION & a $25 PROCESSING FEE. ALL OTHER STATES & DEALERS WILL INCUR A $25.00 VEHICLE PROCESSING FEE. NOTE TO DEALERS: Fowler Auction MUST have a copy of your dealer's license before the payment process is completed. Faxed and email copies are acceptable. MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another Bidder has to bid to increase the current price and the bidding platform will automatically bid up to your maximum in the increments specified. SERVER, SOFTWARE TECHNICAL OR INTERNET ISSUES: In the event there are technical difficulties related to the server, software, or any other online auction-related technologies, Fowler Auction reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR FOWLER AUCTION & REAL ESTATE SERVICE, INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Fowler Auction & Real Estate Service, Inc. Fowler Auction & Real Estate Service, Inc. reserves the right to reject any and all bids for any reason. Auction company employees and/or auction company may bid on this auction. Fowler Auction reserves the right to bid on behalf of heirs, lien holders, sellers, absentee bidders, financial institutions, corporate entities, reserves or themselves. Your bid on this auction indicates both an understanding and an acceptance of the terms of this contractual agreement between yourself and both Fowler Auction & Real Estate Service, Inc. and the Seller AND that you, as the Bidder, are prepared to purchase items under these terms and conditions. Fowler Auction & Real Estate Service, Inc. reserves the right to cancel this auction or remove any item or lot from this auction. Fowler Auction & Real Estate Service, Inc. has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All lots are sold AS-IS, WHERE-IS, with all faults, imperfections and errors of description. Personal inspection is the SOLE responsibility of the Bidder/Buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Fowler Auction & Real Estate Service, Inc. will reject the registration, and bidding activity will be terminated. The Seller and Fowler Auction & Real Estate Service, Inc. reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidder responsibilities include, but are not limited to: Bidders agree to keep his/her username and password confidential as each individual is responsible for ANY and ALL activity involving his/her account. If your USER NAME is offensive to Fowler Auction & Real Estate Service, Inc., then we reserve the right to terminate your bidding. When using this web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. We gather aggregate information from this web site which may include but is not limited to: number of page visitors, most visited pages, any and all correspondence. DEFAULT: If purchases are not settled by the specified pick up day, it will be considered in default. Upon default the bidder will be black listed/blocked from bidding on Fowler Auction & Real Estate Service, Inc.'s auctions, as well as MarkNet Alliance auctions and may be charged 10% of bid price or $500, whichever is greater. All defaulted items may be offered to the next highest qualified bidder at the discretion of Fowler Auction & Real Estate Service, Inc. Any dispute between Fowler Auction & Real Estate Service, Inc., its Agents or Representatives, and the Buyer(s) will be tried in a court of jurisdiction in Madison County, Alabama (or county designated by Fowler Auction). By bidding either in person or online, Buyer agrees to all terms and conditions set forth. We do assist Buyer in loading equipment; however, each Buyer is responsible for his own items. Buyer is responsible for securing his own load. Fowler Auction is not responsible for any damage incurred to equipment or vehicles while loading. Buyer and/or Bidder agrees to hold harmless and indemnify Fowler Auction & Real Estate Service, Inc. and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc. Disclaimers & Absence of Warranties: Information contained herein believed to be accurate but not guaranteed by Fowler Auction & Real Estate Service, Inc. Fowler Auction has put forth every effort to give accurate descriptions of each item herein. Printed or verbal statements made by Fowler Auction personnel are matters of opinion and are only made in good faith. NOTE: All items will be sold 'As Is, Where Is' with no guarantees, expressed or implied, by Fowler Auction & Real Estate Service, Inc. It is very IMPORTANT that every Bidder read and understand the Terms & Conditions along with inspecting items on which he/she plans to bid on BEFORE bidding. In all transactions, the Auctioneers are acting as agents for the Seller only. All decisions of the Auctioneers are final.