TERMS AND CONDITIONS OF THE AUCTION

By registering to bid and/or placing a bid, you agree to be legally bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!!

1. RELEASE OF LIABILITY: Bidder and his or her agents / employees are responsible for any damage they may cause or liability that may attach from any of their actions on or around the auction site and premises during removal of merchandise. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and indemnify Tri-City Auction Center and / or seller / consignor from any liability and causes of action.

2. WARRANTY AND CONDITION OF PROPERTY: Bidder agrees that all property is sold "AS-IS WHERE-IS" with no warranties expressed or implied and ALL SALES ARE FINAL. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Tri-City Auction Center may attempt to accurately describe the merchandise as a courtesy, but not guaranteed. In no event shall Tri-City Auction Center be held responsible for having made or implied any warranty of merchandise. Tri-City Auction Center does not guarantee any previous appraisals, gradings or certifications previously done on items. If you have any questions about the merchandise, ASK QUESTIONS BEFORE BIDDING. When you are not certain of the condition, please bid accordingly. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk.

3. CATALOG DISCREPANCIES: Tri-City Auction Center will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that he or she may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by Tri-City Auction Center. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was delivered or shipped to them. If Tri-City Auction Center agrees that the item was materially and intentionally misrepresented Tri-City Auction Center will refund the Bidder's purchase price to him/her. Some items may be sold "times the money". In the event that the count on a "times the money" item is found to be incorrect, Tri-City Auction Center will adjust Bidder's final hammer price based on the accurate count. No adjustment will be made on bulk or "one money" lots. Bidder agrees that under no circumstances whatsoever will Tri-City Auction Center ever be liable to Bidder for an amount greater than the purchase price of the item they purchased.

4. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON AND HOW MUCH YOU ARE BIDDING BEFORE YOU BID. Tri-City Auction Center reserves the right to charge the Bidder's credit card the full amount of any or all of Bidder's bids at any time after the purchase. Everything MUST be paid for in full within 48 hours of the end of the auction. All internet Bidders agree to pay a buyer's premium, the BP may vary between auctions and will be stated in the auction details. Bidder herby grants Tri-City Auction Center the authority to charge his or her credit card on file the full amount due for Bidder's purchases or partial amounts at any time until Bidder's invoice is paid in full.

5. VEHICLE TITLES: All titled vehicles are sold AS-IS. It is the buyer's sole responsibility to determine if a titled vehicle is legal and able to be registered where buyer lives. If vehicle is paid in full with cash or credit card, the title may be given to the Buyer at time of purchase. If a check is used for payment, the title will be held for 10 business days.

6. FIREARMS: Tri-City Auction Center is a Federal Firearms Licensed dealer. All Federal and NE laws and regulations will be followed. A form 4473 will be required by all local buyers. The buyer must have a Nebraska Firearm Purchase Permit, Nebraska Conceal Carry Permit or FFL along with a current government issued photo ID regardless of firearm type. We do offer shipping on firearms. Any firearm needing shipped will be required to ship to your local FFL dealer for pick up. Some firearms may not be legal in Bidder's jurisdiction. It is the bidder's sole obligation to determine if a firearm they purchase is legal where they live and that they are legal to purchase a firearm. If a buyer is unable to take legal delivery of any firearm(s) he or she will leave the firearm(s) with Tri-City Auction Center to resell the firearm(s) at absolute auction with a commission of 30%.

7. BIDDING: Tri-City Auction Center is providing internet only bidding for this auction. Bidder acknowledges and understands that this service may or may not function correctly at any time, including the auction closing time. Under no circumstances shall Bidder have any kind of claim against Tri-City Auction Center, HiBid or anyone else if the internet service fails to work correctly before or during the auction closing time. Tri-City Auction Center will not be responsible for any missed or failed bids from any source. We highly encourage bidders who desire to make certain their bid is acknowledged to place their maximum bids at least two hours prior to the auction closing time. Tri-City Auction Center may reject or cancel any bid for any reason. The seller and Tri-City Auction Center reserve the right to bid on behalf of the seller on items on which there may be a reserve price. This is a Public Auction and as such, all qualified bidders may bid; including Tri-City Auction Center owners, family members and employees. Tri-City Auction Center reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, Tri-City Auction Center reserves the right to extend the closing times, change the extension time, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final until they are certified by Tri-City Auction Center and Bidder receives an invoice. Tri-City Auction Center reserves the right to cancel any or all sales and resell the items in whatever manner it chooses.

8. STAGGERED / SOFT CLOSE: The auction will begin closing at the time stated in the auction details (typically 7 pm CST). One item ends every 12-15 seconds as stated in the auction details. Exact closing time is stated on each lot. The closing time of each lot will be automatically extended an additional 2 minutes whenever a bid is placed within the last 2 minutes of any lot (simulating a live auction).

9. LOAD OUT: All property shall be removed from the premises by the winning bidder at his/her own risk and expense within the time period announced. NO HELP will be provided by Tri-City Auction Center employees. Bidders should arrange to pick up their purchases within the allotted time. Buyer is responsible for loading ALL items from where they are located in the auction center or client's home. Be prepared to load from the basement, 2nd floor and main floor of any home. Bring your own 2-wheel dolly, 4-wheel furniture cart, blankets, boxes, totes, labor help, and any other packing & moving equipment needed. Tri-City Auction Center will ship any small / shippable items. We box all items in house and ship USPS, FedEx or UPS, whichever is the most economical. The buyer gives Tri-City Auction Center the right to charge the credit card on file for all shipping costs and applicable handling fees as stated in the auction detals. In the event that Bidder does not pay for shipping, Bidder shall have no claim against and will forfeit the merchandise with no refunds. All items not picked up during stated loadout time are immediately forfeited with no refunds and become the property of Tri-City Auction Center and/or the seller. Items may be disposed of or resold under the house number by the discretion of Tri-City Auction Center. The buyer is responsible for payment of entire invoice whether picked up or not. All items not picked up during stated loadout time are immediately forfeited with no refunds and become the property of Tri-City Auction Center and/or the seller. Items may be disposed of or resold under the house number by the discretion of Tri-City Auction Center. Any purchase not picked up or paid for during this time will be charged a $25 handling fee and will become the property of Tri-City Auction Center to deal with as they see fit and your credit card is charged for the total purchase including all fees and taxes. The buyer is responsible for payment of entire invoice whether picked up or not. ***Bidder shall have no claim to merchandise not removed by the stated pick up date and time.

10. NSF CHECK: If a check accepted by Tri-City Auction Center is returned for any reason, Bidder agrees that Tri-City Auction Center may re-present it in person or electronically and collect the full amount of the check as well as the highest service charges and fees allowed under Nebraska law. Any amount left unpaid shall accrue interest at the highest rate allowed under Nebraska state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to not stop payment on any check paid to Tri-City Auction Center. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder's payment is honored.

11. Tri-City Auction Center may refuse registration and bidding privileges to anyone for failure to pay previous auction invoices, failure to provide a valid credit card or any other reason. Bidder hereby agrees that Tri-City Auction Center may share information about Bidder's non-payment of auctioneer invoices or shipping charges with other parties and may pursue collection of balances due by any legal means. Bidder agrees to provide any identification Tri-City Auction Center may request including but not limited to: driver's license. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.

12. Bidder agrees that this agreement shall be governed by the laws of the state of Nebraska and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Adams County, Nebraska. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Nebraska. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts. In the event of any litigation arising out of this Contract, the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.

13. By registering for this auction you agree to be added to Tri-City Auction Center's email list. Each email we send has an easy unsubscribe link at the bottom of the email. Please do not report our emails as spam. Photo, video and audio recording may be made at all auction events. Bidder hereby agrees that Tri-City Auction Center may use Bidder's likeness, recorded at these events, for any purpose. We hope you enjoy our auction and are able to make many advantageous purchases.

Liquidating items from the Floyd & Phyllis Marian estate