ONLINE ONLY AUCTION TERMS, CONDITIONS AND DISCLAIMER

HOLD HARMLESS AGREEMENT/DISCLAIMER
THIS HOLD HARMLESS AGREEMENT (hereinafter, Agreement) is entered into on this
______day of _____, 20____, by and between Vitalix and the Purchaser of "Seconds" feed
mixture (hereinafter, product).

WHEREAS, Vitalix is a Nebraska Corporation with its principal place of business in Sidney, Nebraska.

WHEREAS, Purchaser has purchased product from Vitalix and understands that there are no warranties, express or implied, regarding the product and the product is sold AS IS.

WHEREAS, Purchaser desires to hold harmless Vitalix and their affiliates from any and all claims, damages, liabilities, and causes of action arising out of the purchase, use, or resale of the product, and Vitalix's actions in connection with the Purchaser and product herein.

NOW THEREFORE AGREED, in consideration of the covenants and conditions herein, Vitalix and Purchaser hereby agree as follows:

1.   Purchaser agrees to fully defend, indemnify, and hold harmless Vitalix and their employees, officers, agents, and affiliates, from any and all claims, law suits, demands, causes of action, liability, loss,' damage, and/or injury, of any kind, whether brought.by the purchaser, another individual, or entity, or imposed by a court of law or by an administrative action. The indemnification applies to and includes, without limitation, the payment of penalties, damages, fines, judgment, awards, decrees, and attorney's fees or other legal costs.
2.   Purchaser agrees that the product is sold as is and contains no warranties, express. Or implied.
3.   Purchaser agrees that the purchase of the product and use thereof is done at its own risk.
4.   Purchaser agrees that Vitalix is in no way responsible for the damages or consequences of any kind caused by the purchase, use, or resale of the product or Vitalix's actions in connection with the Purchaser and the product herein.

Amendment or Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.

Waiver: No waiver of any kind shall constitute a waiver of any other default or breach.

Binding: This agreement is binding on Vitalix and the Purchaser and their heirs and assigns forever.

TERMS AND CONDITIONS

GENERAL INFORMATION:
G1. Please read the following terms and conditions carefully as they are a legal binding contract between you (the Bidder) and Wears Auctioneering Inc. To register and bid in this auction you must agree to these terms and are bound by them as a bidder.
G2. Please be aware that these terms are GENERAL INFORMATION for all auction listings and special terms can apply. When such Special Terms apply, we do our best to outline those in an Information lot at the beginning of the auction catalog.
G3. All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. It is the responsibility of the buyer to determine the condition of the items and bid accordingly. All items must be considered used or previously owned. Even if labeled as new in box, we cannot guarantee the item will be in full retail condition. Place your bids accordingly and read all descriptions and Terms prior to placing your bids. No refunds will be issued.
G4. Please inspect the written information and read the descriptions carefully. You are bidding on the described item not the photograph. Contact our office if you are unclear as to what is included in a lot.
G5. Once you place and confirm a bid through our bidding platform, you cannot remove or lower a bid. No bids will be removed once they have been placed.
G6. Due diligence is the responsibility of you (the Bidder). All sales are final. When the bidding ends on our website and you are the high bidder, you then assume complete responsibility for care of each purchase at time of sale.
G7. We reserve the right to refuse service to anyone bidding, buying, selling and/or at pick up.
G8. The most recent correspondence with buyers via email or our website take precedence over written material and any prior verbal statements.
G9. The auction company is not responsible for accidents, thefts, errors or omissions.
G10. The auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices. The auctioneer reserves the right to cancel, suspend, extend or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times.
G11. Items used in photos for displaying and or containing items such as crates, totes, step blocks, back drops, etc. are not part of the selling lot unless specifically listed in the description.
BIDDING PROFILE:
When you register to bid with Wears Auctioneering and Marknet Alliance, you must create a bidding profile. This profile contains your personal information – you can always view and edit your profile by logging into our website. It is your responsibility to ensure that all the information on that profile is VALID and CURRENT. We rely on that information to contact you and process payment. Address, Phone, Billing, Credit Card and Email information are particularly important! If you need help logging in or resetting information in your profile, contact our office.

EMAIL RESPONSIBILITY:
In order to register to bid in any online auction, you must have a valid email address. It is YOUR responsibility to ensure that your particular server accepts emails from our server. We use email as our primary method of communication and you will not receive any other method of bidding, registering, or invoice confirmation from our office, so make sure your emails are working. ALWAYS contact our office if you are not receiving proper emails from our company – we can help troubleshoot, but your server may not receive emails as consistently as others.

BUYERS PREMIUM:
A buyer’s premium will be added to each purchase. Buyer’s premium is 10% unless stated otherwise: if you bid $100.00, at checkout you will be charged $110.00. Each and every time you place a bid, you are required to confirm and agree to the total bid price of your initial bid plus buyer’s premium.

AUCTION CLOSING:
A1. The closing time of the auction will be listed within the auction information page of our website. Once bidding closes, items you have won become your responsibility – make note of closing times!
A2. This will be an EXTEND ONE/EXTEND ALL auction. In this case, if any single lot receives a bid in the last FIVE minutes, ALL LOTS in the auction will extend in Five-minute increments.
A3. Our auctions offer MAXIMUM BIDDING. This means that you can bid a higher number than the next “Asking Bid”. You can place a max bid at any time in the place bid space by simply entering the highest number you want to bid. When you place a MAX BID, the current bid price will only go to the next increment, or one increment over someone else’s max bid if one has been placed. The computer will bid for you in the pre-determined auction increments up to your highest dollar entered only if someone else bids against you to raise your bid to that dollar amount.
A4. When someone has already entered a MAX BID on an item you are bidding on, the system will automatically bid for you until you are the current high Bidder or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID.
A5. Bids will be placed in the order that they are received. If TWO buyers enter a BID of the same dollar amount, the buyer who entered his/her BID FIRST will be the bidder that is in at that price. If you bid a certain amount and see that the bid is indeed that amount, but you are not the 'Winning Bidder', that means that someone else had a max bid of that amount and so their bid was placed into the system ahead of yours. The best way to know if you are outbid is to check your email and/or text as you should get an email and/or text every time you are outbid.
A6. You may request out bid notices when registering for your online bidding account. You can choose to have them sent to your email, cell phone via text message or both. If you are not able to be around a computer/ mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you utilize the max bidding feature. Please remember, you can always raise your max bid, but you CANNOT lower it.
A7. Wears Auctioneering is not responsible for internet malfunctions, loss of connection or system glitches that may prevent you from placing last minute bids, or receiving notices from our company. Don’t wait until the last minute to bid; if the system is busy, your bids may not process within the last seconds of an auction closing.

PAYMENT:
P1. Payment for all purchases is due immediately at the conclusion of the auction unless specifically outlined otherwise.
P2. Payments will not be accepted on site the day of the pickup.
P3. A Valid credit card is required for bidding approval. We accept Visa, MasterCard, and Discover. No other payment method will be allowed unless it is specifically stated on our website. Currency: USD only
P4. If charges are declined by the credit card processor a non-sufficient funds charge of $25.00 will be charged each time processing is denied. The buyer will be notified of NSF transaction through e-mail and be given 24 hours to contact Wears Auctioneering with an alternative payment method.
P5. Wears Auctioneering will charge Purchase price, Buyer’s Premium charges and any applicable handling fees to the credit card that you have recorded in your profile up to $1500.
P6. Any invoice $1,500.00 and over will require wire transfer. Credit Cards will not be accepted for invoices over $1500.
P7. For invoices $1500.00 and over, once we receive your wire transfer, you will receive a PAID invoice with the contact information for pickup.
P8. For invoices under $1500.00,(and credit card is accepted) you will receive a PAID invoice immediately with the contact information for pickup
P9. Payment for any titled item, such as autos, boats, trailers and some ATVs, will require a wire transfer of funds in full before being released to the buyer.
P10. If purchases are not settled within 24 hours of the close of the auction, they are considered in default. Upon default, the Bidder’s privileges may be suspended on Wears Auctioneering Inc. as well as MarkNet Alliance auctions. Bidding privileges may be reinstated when default has been satisfied. Subsequent defaults may result in bidding privileges being blocked or denied. Such action may be taken at the sole discretion of Wears Auctioneering, Inc and/or Marknet Alliance.
P11. Payment in full is required (for any invoice under $1500.00) before receiving your invoice itemizing your purchases and fees.
P12. No credit card charge backs will be allowed. NO refunds will be given.
P13. Wire transfers are not immediate. They may take up to 24/48 hours to complete the transfer into our account.

INVOICES:
I1. Once you’ve paid, Wears Auctioneering will send you an invoice via email with confirmation of items won, the purchase total, and applicable fees.
I2. If you do NOT receive an invoice, you can find the invoice in your profile on our website. You may also contact our office to resend the invoice. It is your responsibility to ensure you have your invoice before pickup time.
I3. If you were bidding on an item and think you have the winning bid, but did not receive an invoice. Please read “Viewing Past Auctions, Winning Bids & Invoice” section of these terms.

LOAD OUT/PICKUP:
L1. Buyers must check in and present their PAID invoice .
L2. Items may only be removed upon receipt of payment in full.
L3. Buyers must schedule their pickup 24 hours in advance with Vitalix staff. (Contact information will be given on your paid invoice)
L4. Buyer must sign a Vitalix Disclaimer prior to load out.
L5. Only Vitalix staff will operate loading equipment.
L6. All purchases are to be removed prior to 3-1-2023. If your items are not picked up before 3-1-2023, then the ownership of your items will revert back to Vitalix and Vitalix may dispose of at their discretion.
L7. The buyer will be responsible for the ANY damage that occurs to an individual item, or the pickup location during the removal of an item(s).

SHIPPING:
S1. NO SHIPPING ON THIS SALE
S2. All items must be picked up in Wilton, IA

Disabling Your Online Account:
Your account maybe disabled due to one or more of the following reasons:
Non-payment of an invoice
Difficulty charging credit card or invalid credit card
Chargebacks
Inappropriate treatment of staff or sellers
Damage of property at pickup

Viewing Past Auctions, Winning Bids & Invoices:
You can always view past auctions, winning bids and invoices through our website. To view past auctions, click on the auction results tab at the bottom of the home page. Within any past auction, you can always see the high bid and bidder by viewing the individual lot information. If you log into your profile, you can click the invoices tab to view all your past invoices from Wears Auctioneering. This is a great resource if your invoice email did not come through! You can also click on MY ITEMS and view all the individual items you have ever won through our website. It is the bidder’s responsibility to ALWAYS know what items they have won. We have done our best to provide you with the above information and resources. We ask that you be a responsible bidder and access these resources as needed.

Special Terms of Sale:
1. All property is sold AS-IS Where-Is, and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Wears Auctioneering Inc. may attempt to describe the merchandise in advertising and on the Internet, but makes no representations. In no event shall Wears Auctioneering Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Some items may be listed as NIB New in Box. Every effort will be made to ensure that each item stays in the same condition that it was photographed in. However, all property is sold AS-IS, and ALL SALES ARE FINAL.
2. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Wears Auctioneering Inc. shall endeavor to describe in detail each item and any pertinent information about it. Wears Auctioneering Inc. 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 everything is sold as is and that they may not return any item they purchase.
3. Wears Auctioneering Inc. is providing Internet bidding as a service to Bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against Wears Auctioneering Inc. or anyone else if the Internet service fails to work correctly before or during the Online Auction. Wears Auctioneering Inc. will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction. Wears Auctioneering Inc. reserves the right to withdraw or re-catalog items in this auction.
4. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder. Auctioneer will not honor a mistake.
5. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the Seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the Seller.
6. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Purchaser 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 Seller from any liability.
7. If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the 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.
8. Information in brochures, catalogs and other advertisements are from sources believed to be reliable; however prospective purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies.

Vitalix catalog 4