These are the Terms and Conditions of Sale for this online auction. These Terms and Conditions of Sale shall determine the interaction between you as a registered bidder of this auction ("Bidder, Bidder's") and Top Dollar Auction Service and/or Top Dollar Auction Service, LLC ("Auctioneer, Auctioneer's"). By registering for or participating in this auction, Bidder declares that Bidder has read, understands, and agrees these Terms and Conditions of Sale. Bidder is solely responsible for use of any platforms, systems, equipment, or services, and proficiency necessary to operate the same as necessary for registration or otherwise participating in this Sale. Bidder shall not implement or utilize and platform, system, equipment, or service Bidder must be eighteen years old or older, or legally emancipated to register and agrees that all information provided during the registration process will be true and accurate. Bidder may be banned from participation in this Sale and Auctioneer's auctions indefinitely should Bidder provide any false information during the registration process. Bidder agrees and understands that submission of bids may create a legally binding and enforceable contract upon Bidder and that Bidder may not withdraw any valid bid under any circumstances. Bidder's approval to participate and/or bid at this Sale and any other sale conducted by Auctioneer is always subject to discretion of the Auctioneer. Acceptance of participation and bidding by Bidder shall be at the sole discretion of the Auctioneer. Bidder must obey and comply with all applicable federal, state, and local laws in all bidding and participation in this Sale. To register for and/or participate in this Sale, Bidder must place a valid credit card on file which has sufficient funds to pay for all purchases, fees, and charges because of participation in this Sale. Bidder's credit card on file shall be used for payment following the close of the Sale. For credit card verification, a $1.00 hold will be placed on Bidder's credit card account which will be removed from Bidder's account following the end of the auction. All financial transactions resulting from this Sale shall be made in US Dollars. Bidder agrees not to copy, reproduce, or publicly display any content or information from any platform, system, equipment, or service owned, used, produced, organized, or displayed by Auctioneer without first obtaining written permission from the Auctioneer. Bidder is strongly encouraged to inspect available descriptions, photos, and items such that Bidder is satisfied as to the validity and condition of items to participate in Sale accordingly as to Bidder's determination of value. Auctioneer will make every effort to properly identify and describe each item offered but makes no guarantees or warranties beyond the description of Auctioneer's opinion of interaction with the item. Auctioneer shall not be liable for any errors or omissions in description of any item. Every purchase will be processed via the credit card that Bidder has placed on file upon registration. All sales are final. No return, refund, exchanges, or chargebacks will be permitted. Any credit card chargeback by Bidder will result in immediate suspension of Bidder's account, any outstanding bids may be immediately rescinded, a negative report to other auctioneers utilizing the same or similar auction or bidding platforms or systems, possible denial at any future sales by Auctioneer, and possible legal action if the chargeback is found to be negligent or unnecessary by the Auctioneer. Bidder assumes ownership of all items purchased at Sale upon successful payment of invoiced amounts. All items will be shipped by Auctioneer unless Bidder notifies Auctioneer of Bidder's intent to pick up merchandise prior to close of the Sale. Pick up schedule will be posted for Sale by Auctioneer. Bidder must pick up winning items at designated place, date, and time as defined by Auctioneer. No items will be released to Bidder without successful payment. Any items not picked up by Bidder will result in a $10.00 per item per day storage charge to Bidder and will be added to Bidder's total invoice which must be paid prior to release of items by Auctioneer. Any items not picked up within 5 calendar days of the posted pick up date shall be deemed abandoned by Bidder and shall become property of Auctioneer without refund or compensation to Bidder. Auctioneer, at Auctioneer's sole discretion, reserves the right to accept or reject any bid, and in any increment, regardless of Sale type. Sale may be subject to a "Soft-Close" in which bids received in the final moments of the Sale will automatically extend the duration of the Sale by a predetermined amount of time. This process allows for all bidders to compete equally for items offered. Bidder is encouraged to utilize the "Maximum Bidding" feature to determine a maximum bid and allow the bid to be automatically placed up to and including the Maximum Bid value input by Bidder. Auctioneer is not liable to the failure of Bidder to successfully place bids. Bidder is encouraged to review systems, platforms, software, hardware, services, and any other requirements to participate in this Sale successfully. All aspects of this auction are subject to change without notice including but not limited to items offered for sale, lots or grouping of items, or description of items or lots, pick up locations, times, or dates, availability of items or lots, usage or condition of items or lots, or Terms and Conditions of Sale. Fee A 10% buyer's premium and a 3% credit card processing fee are added to every purchase. Sale may be subject to applicable sales tax. Buyer's premium shall be charged only on the aggregate final bid price as listed on Bidder's invoice. Credit card processing fee shall apply to total sale price (final bid price + buyer's premium), shipping and handling, any additional fees or charges, and any applicable tax. Bidder does hereby indemnify and hold harmless Auctioneer and any other party from any and all damages, claims, losses, or liabilities from injuries to persons or property of any type whatsoever resulting from Bidder's participation in this Sale. Bidder assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Auctioneer and any other party from any liability. Bidder is solely responsible for pick up, removal, and transportation of purchased items and such is solely and exclusively at the expense and risk of Bidder. Bidder will be responsible for any damage that caused by Bidder, Bidder's agent, or Bidder's guest during any inspection or removal period, and agree and understand that the credit card on file will be charged for, including, but not limited to any losses, damages, or expenses, or repairs necessary as a result of any action of Bidder, Bidder's Agent, or Bidder's guest during any participation in in any aspect of this Sale. Bidder understands and agrees that the Auctioneer will release Bidder's items upon presentation of a valid sales receipt or paid invoice for Bidder's items. Bidder explicitly authorizes Auctioneer to release Bidder's items to any person in possession of Bidder's paid sales receipt or invoice. In the event an item is unavailable for pickup during the published removal times, Bidder must immediately notify the Auctioneer's onsite staff of the problem and file a claim for non-delivery within twenty-four hours. Bidder agrees and understands that failing to make a claim for non-delivery within twenty-four hours of discovering the problem, Bidder's claim for non-delivery will not be honored. Claims for non-delivery must be filed by replying to the e-mail that informed Bidder of Bidder's winning bids. Bidder's claim must fully describe the nature of the problem that Bidder have identified. Bidder also agree the most Top Dollar Auction Service and/or Top Dollar Auction Service, LLC owes to Bidder is the sale price (final bid price + buyer's premium) of the item(s) in question. Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Shelby County, Illinois' Small Claims Court, if the claim in question amounts to less than $10,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $10,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Bidder agrees that all claims will be litigated or arbitrated on an individual basis and will not be consolidated with any claim made by another party. Venue in every case will be Shelby County, Illinois. Bidder agrees that any judgments awarded may be applied to and collected from Bidder personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if Bidder brings a claim against the Auctioneer and do not prevail, Bidder agrees to reimburse Auctioneer for all reasonable legal fees and costs and any associated fees, expenses, or loss or revenue or income as a result of such claim. Notwithstanding and contrary provision in these Terms and conditions of Sale, Bidder agrees that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that Auctioneer may have pending arbitration or litigation. If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and any other party by law, including without limitation, the right to hold the purchaser liable for the bid price, Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged. 48. Liability: In all cases, Auctioneer's liability, and the liability of the seller of the items in this auction, will be limited to the refund of Bidder's purchase price. Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. Under no circumstances will Auctioneer be liable for loss of profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction. Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. Bidder agrees and understands that this auction is an online only Sale, and so relies on devices and programs that may malfunction without warning. Bidder understands and agrees that Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. Bidder further understands and agrees that Auctioneer may void or suspend any sale, or resell any item, if Auctioneer determines a transaction to have been affected by any site malfunction. Bidder agrees to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, without limitation, including reasonable legal fees and costs, related to, arising from, or associated with Bidder, Bidder's agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions of Sale. These Terms and Conditions of Sale do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions of Sale cannot be altered except in writing by Auctioneer, at Auctioneer's sole and exclusive discretion. Should any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, be held to be invalid, unenforceable, or void, the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect. These Terms and Conditions of Sale shall be governed by and construed under the laws of the State of Illinois. These Terms and Conditions of Sale contain the entire agreement between Bidder and Auctioneer and supersede any prior oral or written agreements relating to the same subject matter. Top Dollar Auction Service/Top Dollar Service, LLC, where applicable Matt Forcum (217) 343-3400 IL Auctioneer #441.002233, IL Real Estate Broker #475.142996, MO Auctioneer #88341 Real estate services offered through Century 21 Realty Concepts, 111 South Henrietta, Effingham, Illinois 62401. (217) 342-6080 KCG Realty, Inc. IL Licensed Real Estate Corporation #478.012678

BE ADVISED - this inventory has been split into 2 auctions. Any pending bids and been removed, please review new lot numbers and product photos as updated. The rest of the inventory (hand and power tools, patio furniture, grills, and much more) will all sell at an auction to be launched in late August. All items you have seen in the catalog will still be sold, so please watch for the next auction coming up. Never Pay Retail Again with ShelbyDeals.com online auctions! You set the prices, not the big department stores. ShelbyDeals online auctions offer high quality retail merchandise for a fraction of the cost of the store. These items may have slight packaging or cosmetic issues, be discontinued models or out of season merchandise, have been previously sold, or just shelf pulls in perfect condition to make room for other merchandise. We get mixed loads to offer you the best deals on brands and items you already know. This auction features Small Appliances, Refrigerators, Freezers, Microwaves, Power Tools, Hardware, Lawn & Garden, Patio furniture, BBQ grills and Smokers, Items for the Workshop and lots more with brands like Ryobi, Makita, Dewalt, Milwaukee, Fiskars, Gerber, Rubbermaid, Black & Decker, Bosch, Ridgid, Homelite, Husky, Reese, Dyson, Magic Chef. Tell your firends - Great Deals at the prices you set! Never Pay Retail Again! Please inspect all items prior to bidding. These items may be in great condition but we cannot warrant them. All sales are final, and all items are sold as-is, where-is, without any guarantee of functionality or description or warranty of any kind.