TERMS AND CONDITIONS:

By registering or submitting a bid with Green and Sons, Ltd. (“Auction Firm”) through this website, you agree that the below terms and conditions govern the auction, and the online bidding process for same. Herein you are referred to as the “Bidder” or “Buyer”. Herein Auction Firm Auctioneers will be referred to as the “Auctioneer”.

1. “As Is-Where is” Sale. ALL SALES ARE FINAL. ALL ITEMS ARE SOLD “AS IS-WHERE IS”, WITH ALL FAULTS AND WITH NO GUARANTEES OR WARRANTIES OF ANY TYPE, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Any oral representation made by the Auction Firm or Auctioneer shall not modify these “AS IS-WHERE IS” terms. Any description or information given in a catalog or written on the lot is not guaranteed, warrantied, or assumed by Auction Firm or Auctioneer, and Buyer must rely solely on his/her own inspection. Property is open to thorough public inspection and bidders from off-site understand and acknowledge that he/she may not be able to inspect as well as if present and in person. It is the bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Auction firm reserves the right to withdraw or re-catalog items in any auction.

2. Bidding Rules. Once the Auctioneer declares the item “SOLD”, Bidder cannot revoke, retract, or assign the bid and/or purchase. Any bid or bids that, in the opinion of the Auctioneer, is/are not commensurate with the value of the article offered, may be rejected and the article withdrawn from the sale. Where there is a reserve on an item or items, the Auctioneer shall have the right to bid on same or on behalf of the Auction Firm or any lienholder. The record kept by the clerk of the sale, together with the marked catalog of the Auctioneer, shall in all cases be accepted by the Bidder as final if any question arises as to the price. If for any reason Auction Firm or Auctioneer is unable to deliver the purchase, or deliver such purchase free and clear of liens, Auction Firm/Auctioneer may terminate the purchase, in which case Bidder’s only recourse shall be the return of any monies actually paid.

3. Registration. All registration information the Bidder provides to Auction Firm or Bid Caller/Tractor House shall be current, complete, and accurate. Bidders must be 18 years of age or older. As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your number. If at any time you feel that your Bidder number and password have been compromised due to lack of security on your part you must notify Auction Firm/Auctioneer immediately.

4. Website; Online Bidding. Auction Firm/Auctioneer provides Internet live bidding as a service to the bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction. Auction Firm/Auctioneer cannot and shall not be held responsible for any interruption of service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of this Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auction Firm/Auctioneer, in their sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final. In addition, Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction. IN THE EVENT OF A TIE BID, THE BID OF ANY FLOOR BIDDER PRESENT AT THE AUCTION SHALL BE DEEMED TO BE THE SUCCESSFUL BID. You further agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auction Firm/Auctioneer.

5. Online Auction Fee. A 3% Internet Charge will be added to the final selling price for all online bidders. Invoices will be emailed out to all winning online bidders within 24 hours of completion of the auction.

6. Payment; Transfer of Title. Buyer agrees to pay in full within three (3) days of the auction. Auction Firm accepts cash, wire transfer, check, credit card (additional 3% convenience fee). If Buyer fails to pay in full when due, Buyer shall further be liable to the Auction Firm for interest at a rate of 18% on all sums unpaid as well as all Auction Firm’s collection costs, including but not limited to, attorney’s fees and court costs, incurred in connection with Buyer’s breach or nonpayment. If Buyer pays by wire transfer, an additional $25.00 fee will be assessed. If Buyer pays by credit card an additional 3% will be assessed. Any check returned for insufficient funds shall incur a service fee of $50.00, as well as result in the breach of these terms.

7. Risk of Loss. Purchases become Buyer’s responsibility and he/she assumes all risk of loss or damage immediately upon declaration of “SOLD” by the Auctioneer. Auction Firm/Auctioneer shall not be responsible for any loss or damage to any lot/items. It is Buyer’s responsibility to immediately inspect and insure purchases.

8. Removal. If paid by wire transfer or check, ownership transfers upon declaration of “SOLD” by the Auctioneer, but removal of the purchase will not occur until the funds are confirmed, verified paid or Auction Firm’s approval in writing. All purchases shall be removed from the auction site without damaging any property and within 30 days of the date of the sale or as otherwise posted. All costs, responsibility and risk of such removal shall be borne by Buyer. If Buyer wishes to have the purchases shipped, all shipping coordination/logistics and costs of same shall be pre-arranged and pre-paid by the Buyer. If for any reason Buyer fails to remove any purchases within the time specified, the Auction Firm shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at Buyer’s sole risk and expense, without waiving any rights that Auction Firm may have against Buyer. Buyer shall be liable for all storage charges and damages paid by the Auction Firm because of the failure to remove the purchase(s). Storage charges for any item(s) not removed within 30 days of the sale shall be assessed by Auction Firm at a daily rate of $20.00 per day. Load out hours are Monday to Friday 9AM to Noon and 1PM to 4PM. Saturday load out may be available with appointment.

9. Breach; Enforcement. If Buyer fails to complete the purchase of any item pursuant to these terms and conditions, any money deposited in part payment shall be first applied against Auction Firm damages, including storage charges, before payment of the purchase price. In the event of resale, Buyer shall be held responsible for any deficit between the successful bid and the price for which the item is resold and charges arising from such resale and is not entitled to any portion of any amount received by a resale. Buyer agrees to reimburse Auction Firm for any and all costs incurred, including its reasonable attorney’s fees, expert fees, and court costs, which result from or are incurred due to Buyer’s breach or attempted breach of these terms and conditions. In addition, Buyer agrees to indemnify and hold Auction Firm harmless from all loss, cost, expense and other damage (including reasonable attorney’s fees and costs), directly or indirectly sustained by the Auction Firm, arising from or related to Buyer’s failure to comply with these terms. In the event of legal proceedings arising from this contract or from the auction in connection therewith, Buyer consents to being subject to the personal jurisdiction of the courts of the State of Ohio and agree that the proper venue shall be the Madison County Common Pleas Court in London, Ohio.

10. Additional Terms. By bidding, Bidder agrees to abide by all of these terms, AS WELL AS THOSE WRITTEN IN THE AUCTION CATALOG OR OTHER PRINTED MATERIALS USED BY AUCTION FIRM IN THE SALE PROCESS. Additional terms and conditions may be announced by the Auction Firm/Auctioneer from the floor at the auction, which become part of this contract. Auction Firm/Auctioneer are not responsible for accidents before, during, or after the auction.

2003 KOMATSU WB140