Estate Auction - 1807 E. Branch Rd. State College, PA

TRUE BLUE AUCTIONS LLC ONLINE / ABSENTEE BIDDING TERMS & CONDITIONS – PERSONAL PROPERTY (ESTATE) AUCTION IMPORTANT – LEGAL CONTRACT – READ BEFORE REGISTERING OR BIDDING By clicking “REGISTER,” “I AGREE,” “SUBMIT ABSENTEE BID,” “BID,” “BID NOW,” or any similar button on this website, you: Acknowledge you have read, understand, and agree to these Online / Absentee Bidding Terms & Conditions (“Terms”); Adopt an electronic signature, and agree your click has the same legal effect as signing a written contract; and Agree to be bound by all of: these Terms; and the auction-specific terms posted for the auction (including lot descriptions, Buyer’s Premium, payment deadlines, pickup/shipping terms, and any announcements). If you do not agree, DO NOT REGISTER and DO NOT BID. All online / absentee bids placed through this website are offers to purchase that will be executed competitively by True Blue Auctions LLC (“Auctioneer”) at the auction event designated on this website (the “Auction”). 1. Proprietary Terms; Work Product; Agency These Terms are proprietary to True Blue Auctions LLC and constitute proprietary contract language and work product prepared for and used exclusively by True Blue Auctions LLC. Unauthorized copying, redistribution, or commercial use is prohibited except that a bidder may retain a copy for personal records and may provide a copy to the bidder’s legal counsel. Unless stated otherwise in writing, Auctioneer is the agent of the Seller and is not the owner of the property offered for sale. 2. Definitions (Summary) Auction – The live auction event (online, onsite, or hybrid) where lots are offered and sold. Absentee Bid – A bid submitted through this website (or other method accepted by Auctioneer) authorizing Auctioneer to bid on your behalf up to your maximum. Bidder / Participant – Any person or entity who registers and/or bids. Winning Bid / Winning Bidder (“Buyer”) – The bid and bidder recognized by Auctioneer as the winning bid/buyer, subject to these Terms and any Seller confirmation rights stated herein. Hammer Price – The highest bid recognized by Auctioneer as winning for a lot at the close of bidding. Buyer’s Premium – The percentage (or fee) added to the Hammer Price as announced/posted for the auction. Total Purchase Price – Hammer Price + Buyer’s Premium + applicable taxes + any other announced fees (e.g., shipping/handling where applicable). Invoice – The final statement issued by Auctioneer identifying the Buyer, lots purchased, and amounts due. 3. Pennsylvania Law; Venue; Courts of Competent Jurisdiction (Including MDJ); Jury Waiver The Auction is conducted in the Commonwealth of Pennsylvania. These Terms and all disputes arising out of or relating to registration, bidding, purchases, invoices, payments, chargebacks, pickups, or any auction transaction are governed by Pennsylvania law (without regard to conflict-of-laws rules). Any claim, dispute, or action arising out of or relating to these Terms or any auction transaction shall be brought in the courts of competent jurisdiction sitting in and for Centre County, Pennsylvania, including the Magisterial District Courts where jurisdiction permits, and any state court of record or federal court otherwise having jurisdiction. By registering or bidding, you: irrevocably submit to the jurisdiction of those courts; waive any objection based on venue or forum non conveniens; and WAIVE ANY RIGHT TO A TRIAL BY JURY to the fullest extent permitted by law. 4. Registration; Approval; Electronic Signature / Click Acceptance Registration is required. Auctioneer may accept, reject, suspend, or revoke any registration at any time in Auctioneer’s sole discretion, including requiring identification, proof of funds, deposits, or other verification. By clicking any acceptance button or placing any bid, you adopt an electronic signature and agree it is the legal equivalent of signing a written contract accepting these Terms. 5. Absentee Bidding – How It Works (Total Exculpation) Absentee bidding is offered solely as a convenience. Auctioneer will attempt to execute Absentee Bids competitively, but you expressly agree: Auctioneer does not guarantee receipt, recording, display, transmission, or execution of any Absentee Bid; Auctioneer has no liability of any kind for any failure to receive, record, display, transmit, or execute any Absentee Bid, or for any errors, omissions, interruptions, delays, platform issues, outages, or human error; and you assume all risk associated with absentee/online bidding and waive any claim arising from the same. No Bid Retraction: Once submitted, an Absentee Bid may not be withdrawn, reduced, or retracted for any reason. Bidding Authority: Your Absentee Bid authorizes Auctioneer to bid in increments and starting levels determined by Auctioneer, up to your stated maximum. Auctioneer Record Final: In the event of any dispute, tie, clerical discrepancy, platform discrepancy, or conflict among bids, Auctioneer’s records and decisions are final and controlling. 6. Reserve; Seller Confirmation; No Sale Until Final Invoice All auctions are WITH RESERVE unless explicitly stated as ABSOLUTE. In addition, all bids and apparent winning bids are SUBJECT TO SELLER CONFIRMATION as follows: Seller may accept or reject any high bid after the close of bidding and/or after the Auctioneer’s announcement of “sold” (or equivalent). No sale is final and no Buyer is deemed confirmed until Auctioneer issues a final Invoice to the Buyer reflecting Seller’s confirmation (and Auctioneer’s acceptance) of the bid. If Seller rejects a bid, Auctioneer may, in its sole discretion, reopen bidding, offer the lot to the next highest bidder, renegotiate, or withdraw the lot. You agree you remain bound by your bid(s) unless and until Auctioneer notifies you that the bid was rejected and no invoice will issue. 7. Buyer’s Premium; Taxes; Total Purchase Price A Buyer’s Premium applies in the amount announced/posted for the auction. The Buyer’s Premium is added to the Hammer Price to determine the Total Purchase Price, together with any applicable taxes and fees. By bidding, you acknowledge you have factored the Buyer’s Premium into your bidding. 8. AS IS / WHERE IS / WITH ALL FAULTS; No Warranties; No Reliance All lots are sold AS IS, WHERE IS, WITH ALL FAULTS, with no guarantees. Descriptions (written or oral), photographs, conditions, authenticity statements, and any cataloging are opinions/estimates only and are not warranties. To the maximum extent permitted by law, all warranties (express or implied) are disclaimed, including merchantability and fitness for a particular purpose. You agree you are not relying on any representation not set forth in a signed written document executed by Auctioneer. Inspection is your responsibility. Failure to inspect is a voluntary assumption of risk. 9. “True Market Value as of Close of Bidding” As between Seller, Buyer, and Auctioneer, the Hammer Price (and Total Purchase Price) is the agreed and binding measure of the lot’s true market value as of the close of bidding. Buyer and Seller waive any claim that price inadequacy/excessiveness, mistake, unconscionability, or failure of consideration is grounds to rescind, avoid, challenge, or seek damages regarding the transaction. 10. Payment Terms; Funds; Returned Payments Payment is due as stated on the Invoice (or if not stated, by the deadline announced/posted for the auction). Auctioneer may require cashier’s check, certified funds, wire, cash, or other forms as Auctioneer determines. If any payment is reversed, returned, charged back, stopped, disputed, or not fully collected for any reason, Buyer is in immediate default. 11. NO CHARGEBACKS / NO DISPUTES / NO REVERSALS (All Cards & Bank Cards) If you pay any amount by credit card, debit card, prepaid card, bank card, ACH, or any electronic payment method, you expressly agree: You will not initiate any chargeback, dispute, reversal, stop payment, ACH return, or payment cancellation of any kind; and Only Auctioneer may issue any refund, and only at Auctioneer’s sole discretion. Any attempted chargeback/dispute/reversal is a material breach and default. Buyer remains liable for all amounts due plus all enforcement costs. 12. Pickup / Removal / Shipping; Risk of Loss; Abandonment Lots must be picked up/removed only during the posted pickup dates/times (or as otherwise directed). Shipping, if offered, is subject to Auctioneer’s shipping terms and additional charges. Risk of loss passes to Buyer at the earlier of: (a) release of the lot; or (b) the scheduled pickup window. Failure to pick up as required may be treated as abandonment, with disposal and fees at Buyer’s expense, without refund. 13. Buyer Default; Remedies; Costs; Attorneys’ Fees; Fee Shifting for Dismissed Complaints If Buyer fails to pay, fails to pick up, attempts a chargeback/dispute, breaches any term, or otherwise defaults, Seller and/or Auctioneer may exercise all remedies, including without limitation: cancellation of the sale and retention of any deposits or amounts paid; resale, reconsignment, or private sale without notice, with Buyer liable for any deficiency; collection of the full Invoice amount and all related charges; and suspension/permanent ban from future auctions. Costs of Breach: Buyer shall pay all costs associated with the breach, enforcement, and collection, including without limitation: reasonable attorneys’ fees, court costs, filing fees, service fees, collection agency fees, storage, handling, relisting, resale commissions, buyer’s premiums on resale, and all post-judgment enforcement costs. Regulatory/Licensing/Administrative Complaints: If Buyer (or any participant) brings any complaint, claim, action, proceeding, arbitration, or regulatory/licensing/administrative complaint against Auctioneer and such matter is dismissed, withdrawn, or resolved in Auctioneer’s favor, the complaining party shall pay Auctioneer’s reasonable attorneys’ fees and costs incurred in defending the matter, without exception. 14. CONFESSION OF JUDGMENT / WARRANT OF ATTORNEY (IF APPLICABLE; STRONGLY CONSPICUOUS) NOTICE: CONFESSION OF JUDGMENT IS A WAIVER OF IMPORTANT RIGHTS, INCLUDING NOTICE AND A HEARING. To the fullest extent permitted by Pennsylvania law, in the event of any default or breach, Buyer irrevocably authorizes and empowers any attorney of any court of record to appear for Buyer and confess judgment against Buyer in favour of Auctioneer and/or Seller (as applicable) for all amounts due, together with interest, costs of suit, and attorneys’ fees, and to waive and release all errors and to issue execution. Buyer agrees this confession of judgment authority is given knowingly and voluntarily as a material condition of being permitted to register and bid. (Operationally: if you want this maximally enforceable, put this clause behind a separate checkbox labeled “CONFESSION OF JUDGMENT AUTHORIZATION,” and preserve the user’s timestamped acceptance record.) 15. Indemnification; Release You agree to defend, indemnify, and hold harmless Auctioneer, Seller, and their affiliates, owners, officers, employees, and agents from all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of your bidding, purchase, pickup, shipping, presence on premises, or breach of these Terms. 16. Auctioneer Discretion; No Recording Reliance; Severability Auctioneer has sole discretion over bidder approval, bid increments, disputes, lot grouping, bidding extensions, reopening bidding, and interpretation of these Terms. If any provision is deemed invalid, the remaining provisions remain enforceable. 17. Changes Without Notice; Effective Upon Posting Auctioneer may change, modify, add, or remove these Terms at any time without notice. Updated Terms are effective immediately upon posting. You are responsible for reviewing the Terms before registering, bidding, and paying. For any particular bid or purchase, the Terms in effect at the time you place the bid (as recorded by Auctioneer) govern that transaction, and continued use/participation constitutes acceptance of any changes. *ALL DECISIONS BY AUCTIONEER IN ALL MATTERS ARE BINDING AND FINAL WITH NO EXCEPTION WHATSOEVER. BY CLICKING “REGISTER,” “I AGREE,” “SUBMIT ABSENTEE BID,” “BID,” OR “BID NOW,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM.

Pick Up By Appointment Only | All Shiipping Costs Are Paid By Winning Bidder/Buyer