FEES (SELLER agrees to pay Clik-it Online Auctions):

a. Commission: SELLER agrees to pay a commission rate as listed below. Commission is based on the highest bid for each individual lot sold. Commission will be deducted from the payout to SELLER. Standard Commission Schedule (per lot): $8,001.00 and ABOVE = 8% $1,501.00 to $8,000.00 = 9% $601.00 to $1,500.00 = 11% $1.00 to $600.00 = 15%.

b. Lot Entry Fee: $2.00 per lot. Applies to each lot accepted and listed by Clik-it Online Auctions. Lot entry fee will be deducted from payout to SELLER.

c. Storage Fees: $2 per day per lot. Applies to any lot not successfully sold for any reason and not removed by SELLER within 3 business days after auction date.

PAYMENTS (AGENT agrees to pay SELLER in the following manner):

a. A payout check will be issued to and mailed to the SELLER, as listed above, for the amount of total highest bid for all items contracted for sale with CLIK-IT, less the agreed upon commissions and applicable fees and expenses.

b. CLIK-IT will mail payout check within 14 banking days after the auction or completed sale of item(s).

c. SELLER acknowledges that in the unlikely event that CLIK-IT is unable to complete a sale with highest bidder, for any reason (i.e. unable to contact and/or collect payment), CLIK-IT will not be required to pay SELLER for a sale not completed. SELLER agrees items that do not sell for any reason are required to be removed by SELLER from CLIK-IT premises 3 business days after notice of an incomplete sale is given.

c. SELLER agrees all items are subject to acceptance or rejection by AGENT.

d. SELLER agrees all items will sell to the highest bidder.

e. SELLER agrees not to bid on their own items. If SELLER bids on their own lot, SELLER will be charged a $50 fee and SELLER’S account may be suspended.

f. SELLER agrees any intentional or unintentional misrepresentation by the SELLER or CLIK-IT as to description or condition will allow CLIK-IT to make a downward adjustment on the selling price or void sale completely at the discretion of CLIK-IT.

g. SELLER guarantees that SELLER has good title and the right to sell items on the auction; that they are without mortgages, liens, or encumbrances of any kind except those which are specifically detailed within this contract.

h. SELLER will maintain insurance and holds CLIK-IT harmless for any damage or liability claims to SELLER’s item(s) resulting from involvement of equipment or property at auction premises until SELLER has been paid by CLIK-IT. CLIK-IT Online Auctions will noy be liable for any theft, damage, fire damage or vandalism that may occur while on auction premises or while being handled by CLIK-IT.

i. SELLER agrees items that do not sell for any reason are required to be removed by SELLER from CLIK-IT premises within 3 business days of auction date. If SELLER does not remove from AGENT’S premises by the deadline date, AGENT is authorized to dispose of or sell in any manner deemed expedient by AGENT, with no implied covenant of commercial reasonableness (value), and further authorized to apply sale proceeds, if any, to any SELLER obligation owed AGENT, with the surplus, if any, to be sent to SELLER.

j. SELLER agrees that the equipment herein listed will not be withheld or disposed of in any manner by the SELLER once delivered to CLIK-IT.

k. SELLER agrees that AGENT makes no guarantees as to selling price.

l. SELLER will deliver all the listed items (and title(s) if titled unit) at time of completing this agreement (minimum of 7 days prior to auction date).

m. SELLER assumes full responsibility for providing marketable title and delivery of title to purchaser, payment of proceeds to creditors, and SELLER will assume all attorney’s fees and court costs, if such a case should arise. Creditor and lien balance information is recorded on each item.

n. SELLER acknowledges a buyer’s premium will be charged to the buyer at GLIK-IT’s discretion, which will be retained by CLIK-IT as a commission.

INTEGRATION CLAUSE:

There are no representations, agreements or conditions relating to the subject matter hereof other than as expressly set forth in this Agreement and/or the accompanying Statement of Appendix which contain the entire agreement between the parties. The SELLER acknowledges that no oral representations or warranties have been made by CLIK-IT Online Auctions or by any of it’s affiliates or employees.

CONSENT TO SUIT IN MICHIGAN:

In the event of legal proceedings arising from this contract or from the auction in connection therewith, SELLER consents to being subject to the personal jurisdiction of the courts of the State of Michigan. SELLER also agrees that venue shall be in Montcalm County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties’ transaction hereunder. The SELLER expressly agrees to indemnify and save the Clik-it Online Auctions and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney’s fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of Clik-it Online Auctions, or anyone acting in his/her behalf in connection with or arising out of auction, except that the SELLER shall not be responsible to the Clik-it Online Auctions for damages caused by or resulting from the Clik-it Online Auctions sole negligence.

TERMS & CONDITIONS

This is a legal agreement between you, the buyer and/or seller, the website owner (PromoQuip Inc.) and/or CLIK-IT Online Auctions.

GENERAL USE PROVISIONS

Clik-it Online Auctions, or any Satellite Store, in its sole discretion, may ban from further use any buyer or seller which either believes to have in any way misrepresented itself or any items selling, failing to abide by terms, or conduct any improper auction behavior determined by the Auction Company and/or Satellite Store. Any seller who misrepresents their items in any auction and buyer who fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.

ALL ITEMS TO SELL SUBJECT TO AUCTION COMPANY CONFIRMATION DISCRETION

TERMS OF SALE

All items sell AS IS WHERE IS, no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in the sale. All sales are made on an AS IS WHERE IS basis with all faults. All buyers are encouraged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. Buyers agree that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the Clik-it Online Auctions. Buyers also agree that any oral representations made by the auction company shall not modify these AS IS WHERE IS terms. All information and descriptions provided by the seller and contained in the sale of the items are believed to be correct and factual. If at the end of the sale of a particular item, it is determined that such information was intentionally false, the buyer will have up to 4 business days from the date it was picked up, (as long as this period of time is within ten business days of the close of the auction), to make notification to CLIK-IT Online Auctions of such misrepresentation. It will then be at the discretion of CLIK-IT as to what action, if any, will be taken. No responsibility is assumed by CLIK-IT Online Auctions for any errors or omissions.

AUCTION CLOSING

Clik-it Online Auctions reserves the right to close early or to extend auctions at any time at its discretion. All posted times are Eastern Standard Time.

Soft Close bidding – the soft close bid on this web site is a feature that does not allow any item to sell at the end of the auction until there is 10 minutes of bidding inactivity. Example: bidding on a lot at 7:58 p.m. and the auction is scheduled to close at 8:00 p.m. – the auction will then be automatically extended to 8:08 p.m. Ten minute extensions will continue until there is 10 minutes of no bidding activity.

AUCTION COMPANY RIGHTS TO TERMINATE PURCHASE

Buyer expressly agrees to indemnify and hold CLIK-IT Online Auctions harmless against all claims, losses, expenses, damages or liability,(including, but not limited to, attorneys fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of CLIK-IT Online Auctions or anyone acting in his/her behalf in connection with or arising out of an auction, except that the buyer shall not be responsible to CLIK-IT for damages caused by or resulting from CLIK-IT Online Auctions’ sole negligence.