Lot # : 1291 - Porter Cable 12500 W Electric Generator (Tested)

TERMS AND CONDITIONS 1. Applicability and scope. These terms & conditions (the “Terms”) shall apply to any Sale, any purchase by any party (a “Buyer”) either directly from Tamarack Auctions LLC, its employees, agents or representatives, (hereinafter referred to as “TA”) or in a transaction (a “Transaction”) in which TA serves as broker, agent, liquidator, and/or auctioneer. These terms apply to all Transactions conducted by TA, without limitation. Terms shall remain in effect until TA, in its sole discretion, revokes the Terms either in writing or otherwise (Buyer withdrawal does not void previous sales Terms). By placing any bid with TA or by purchasing any Good(s) or Item from TA or through TA, the Buyer acknowledges and agrees to the terms herein. 2. Sale. A Sale constitutes the transfer of any property including but not limited to equipment, vehicles, merchandise, real estate, chattel, etc. (hereafter referred to as “Goods” or “Item(s)”), from TA to a Buyer, through auction or otherwise. TA reserves the right to alter, amend, or vary the Terms of a Sale for each auction or transaction. 3. Buyer’s Acknowledgements. Buyer is responsible for the understanding of these Terms, any payment, requirements, fees, premiums, other contracts, supplements, minimums, & deadlines for any Sale or auction the Buyer enters or places bids in. The Buyer understands, acknowledges & agrees: (a) The condition of Item(s) offered may vary. (b) Any description, announcement, post, sample or photograph of the item(s) furnished is solely for identification, & DOES NOT CREATE ANY WARRANTY EITHER EXPRESSED OR IMPLIED. In the event of a discrepancy, the descriptions or announcement(s) will be the basis for confirmation of item(s). (c) Buyer has inspected, or has had, or will have the opportunity to inspect, all of the Item(s) upon which Buyer will be bidding and/or purchase. Buyer agrees that the opportunity to inspect is sufficient to render all waivers herein reasonable. (d) All item(s) are purchased & accepted by Buyer “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. (e) BUYER HEREBY WAIVES, DISCLAIMS, AND RELINQUISHES ALL RIGHTS AND CLAIMS BASED ON ANY WARRANTY OF MERCHANTABILITY AND/OR ANY WARRANTY OF FITNESS. 4. Payment. Sale Item(s) must be settled day of Sale by cash, approved check, approved credit Cards, or any other payment method approved by TA. (Approved must be effectuated by TA prior to bidding). Payment must be made in U.S Dollars. 5. Taxes. Buyer must pay to TA all applicable taxes, and tariffs, unless buyer has provided TA tax exemption certification in a form, scope & substance to TA standards. Payment of taxes must be made in U.S. Dollars. 6. Auction Fee. TA at its sole discretion may impose a buyer auction fee (buyer’s premium) on any item(s) offered for sale. This fee will be added to the final bid price of any item & will become the total amount due (excluding taxes). 7. Buyer’s Responsibility & Removal of Goods. The bidder’s number is nontransferable. The buyer is responsible for all Goods once the Item(s) have been charged to them & full ownership will pass to the Buyer, subject to full payment. Each Item may be removed from the auction site once fully paid for; the status, integrity, and conditions of the Item(s), as well as their security and protection, are the responsibility of the buyer upon removal of the item. No adjustment will be made for any item(s) which are damaged, missing, uncounted for, etc., once they have been mark sold & charge to the Buyer. Buyer is solely responsible to provide personnel, equipment or material needed to pick up and remove item(s). Buyer assumes all responsibility for the removal of purchases & any and all risks associated with such removal including, without limitation, the responsibility for providing licensed, qualified & bonded professionals to ensure proper disconnection from all utilities. 8. Sale of Goods. All sales are final. A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. No refunds, returns or exchanges are permitted. 9. Disputes. TA, in its sole discretion, shall settle any disputes arising at any sale. Upon written notice to the Buyer, TA may require any dispute be resolved through alternative dispute resolution, including mediation or arbitration. The determination made in any alternative dispute resolution shall be binding on all parties. 10. Reserves/Minimum Price. TA in its sole discretion reserves the right to establish a reserve or minimum price on any item without having to announce, post or publish notice. 11. Refusal. TA in its sole discretion, reserves the right to refuse the bid of any person without providing any notice or reason therefore. 12. Bid Increments.TA in its sole discretion shall control all bidding increments. 13. Lots & Bidding. TA reserves the right to sell item(s) on a piece basis or as a complete lot. TA reserves the right to group, reduce, add to or delete lots. If there is a dispute of entitlement, TA will determine the successful bidder or re-auction the item in dispute between conflicting parties. TA reserves the right to hold all bulk bids in abeyance & at the conclusion of the auction or after the offering of a specific item, to accept either the bulk bid or the aggregate of the individual bids received during the auction, whichever is higher. 14. Information Provided To Buyer. Information provider by TA to Buyer(s), including and without limitation, any advertising, social media posts, sales catalog or otherwise, is subject to deletions, errors, additions & changes without notice. Although information is gathered from sources thought to be reliable, TA shall have no responsibility whatsoever for any information provided to any party. Buyers shall rely solely on their investigation & inspection, or opportunity to investigate and inspect, of any Goods. Any final announcements made on the day of the auction take precedence over any prior materials or notice. The last announcement made closest in time to a relevant auction take precedence over all other information. 15. Additional Terms & Conditions. TA may add, subtract, or alter the Terms of any Sale or auction at any time prior to bidding. These additions, subtractions, and/or alterations do not alter in any way the basic terms & conditions of Sale, and shall be construed to comply with these Terms to the extent they do not contradict the Terms. Such later additions, subtractions, and alterations shall take precedence over these Terms to the extent they contradict the Terms herein. Headings herein are for convenience only & shall not limit or alter the Terms hereof. 16. Hazardous Materials. TA represents that it has no expertise in the identification, handling, or disposing of hazardous materials. TA makes no representation concerning hazardous materials. Buyer assumes all risks with relation to any Hazardous Materials that may be located in any Item(s) purchased. 17. Agency. TA, in all transactions working on behalf of an owner or third party, shall act as an agent only & shall have no liability whatsoever for the acts of any principal. 18. Acknowledgement. If the buyer fails to comply with any of these terms, TA shall have all rights & remedies available. TA may retain all deposits & payments received & may resell any Goods that Buyer fails to purchase. Buyer shall be responsible for all cost, losses, or damages suffered by TA, or their clients, agents, or principles, (1) as a result of Buyer’s breach of any of the terms, including, without limitation, lost profits & consequential damages, & (2) incurred in connection with the enforcement of TA rights, including without limitation, legal fees (including fees from appeals) & cost & expenses related to the resale of Goods, including storage & rigging fees. 19. Governing Law. The validity, construction & performance of these Terms shall be governed by the law of the State of Idaho. All complaints and/or hearings will be filed & heard in the county in which TA list as their primary place of business. Buyer agrees that the proper venue for any action is the count in which TA lists as their primary place of business. Unless stated specifically in writing on the Invoice or Contract, no statement(s) of any agents of TA, or statements or clauses in any other paragraph of these Terms shall be construed in any way to contradict the provisions of these Terms. 20. Acts of Others. Persons in attendance during inspection, sale or removal of merchandise assume all risks of damage or loss to persons, property, or merchandise & shall exercise proper precautions at all times for the protection of persons & property & shall comply with all safety & health requirements as directed by TA, Owner, local, state & federal regulations. TA, Seller, Property Owner, shall not be liable by reason of any defect in or about the condition of the Goods or premises on which the auction is held. Buyer specifically releases TA, Seller, & Owner from all liability thereof. 21. Severability. If any provision, paragraph, or clause of these Terms that are deemed to be illegal, invalid, or unenforceable, shall not affect the legality, validity, & enforceability of the remaining clauses and provisions herein.