These Terms & Conditions ("Agreement") govern all auction services provided by American Frontier Auction ("Auctioneer"), including all property consigned for sale ("Property"), consignors ("Seller"), and registered bidders ("Buyer"). Participation in any auction constitutes acceptance of this Agreement.

1. Auctioneer Capacity & Authority

The Auctioneer acts solely as an independent contractor and agent for the Seller for the limited purpose of marketing and selling Property at auction. Nothing herein shall be construed as creating a partnership, joint venture, or fiduciary relationship.

The Auctioneer makes no representation or warranty regarding sale price, bidder participation, or Buyer performance.

2. Seller Representations & Warranties

Seller represents, warrants, and covenants that:

• Seller is the lawful owner or authorized agent of the Property
• Property is free of undisclosed liens, claims, or encumbrances
• All disclosures, descriptions, and documentation are accurate
• Seller maintains insurance coverage until Property is released to Buyer
• Seller will cooperate in good faith with post-auction matters
• Seller shall indemnify and hold harmless the Auctioneer from any claim arising from Seller's breach of these representations

3. Exclusive Right to Sell & Liquidated Damages

Seller grants Auctioneer the exclusive right to auction the Property during the contract term.

If Seller withdraws, sells, or otherwise disposes of the Property outside the auction without Auctioneer's written consent, Seller agrees to pay:

• All documented out-of-pocket expenses incurred by Auctioneer; and
• Liquidated damages equal to twenty percent (20%) of the greater of the reserve price or estimated fair market value

Seller acknowledges that actual damages would be difficult to ascertain and that this amount is a reasonable estimate, not a penalty, under Texas law.

4. Listings, Advertising & Auction Results

The Auctioneer may advertise Property through its website and other marketing channels. Seller is responsible for reviewing listings and promptly notifying Auctioneer of material errors.

The Auctioneer reserves the right, in its discretion, to postpone, reschedule, extend, or cancel an auction or any lot due to technical issues, emergencies, legal concerns, or circumstances beyond its reasonable control.

5. Buyer Registration, Inspection & Due Diligence

All Buyers must register and be approved before bidding. Buyers are solely responsible for inspection and due diligence.

FAILURE TO INSPECT SHALL NOT RELIEVE BUYER OF RESPONSIBILITY.

All Property is sold "AS IS, WHERE IS," WITH ALL FAULTS, and without warranties of any kind, express or implied, including merchantability or fitness for a particular purpose.

5A. Credit Card on File; Authorization Prior to Bidding

All Buyers are required to provide a valid credit card and maintain an active payment method on file with the Auctioneer prior to being approved to bid.

By registering to bid, the Buyer expressly authorizes American Frontier Auction to:

• Verify the credit card information provided
• Place a temporary authorization hold, where applicable
• Charge the credit card on file for amounts permitted under these Terms

The Auctioneer reserves the right, in its sole discretion, to deny bidding privileges, suspend bidding activity, or revoke account access if a valid credit card is not maintained on file.

5B. Authorization to Charge for Buyer Default

In the event a Winning Bidder fails to remit full payment within the stated invoice period, the Buyer authorizes the Auctioneer to charge the credit card on file for any or all of the following, as permitted by law:

• Buyer's premium
• Administrative fees
• Relisting or resale costs
• Storage fees
• Collection costs
• Liquidated damages as described in Section 8A (Buyer Default; Non-Payment)

Buyer acknowledges that such charges represent reasonable estimates of damages, not penalties, and agrees that the Auctioneer may process such charges without further notice.

5C. Insufficient Funds; Declined Charges

If a credit card charge is declined or disputed, the Buyer remains fully liable for all outstanding amounts. The Auctioneer may pursue any additional remedies available under these Terms or Texas law, including account suspension, resale of the Property, and legal collection efforts.

6. Bidding, Acceptance & Auctioneer Discretion

All bids constitute irrevocable offers. The highest qualified bid accepted by the Auctioneer forms a binding contract.

The Auctioneer reserves the right to reject bids, resolve disputes, reopen bidding, or void sales where necessary to preserve auction integrity. Auctioneer records shall be prima facie evidence of bidding activity.

7. Purchase Price, Buyer's Premium & Taxes

The Buyer agrees to pay the total purchase price, consisting of:

• The final bid amount
• Any disclosed buyer's premium
• All applicable taxes and fees

Sales tax shall be collected and remitted in accordance with Texas law and applicable jurisdictions.

8. Payment Default & Remedies

Payment must be received within the timeframe stated on the invoice.

Failure to pay constitutes material breach, entitling Auctioneer to one or more remedies:

• Cancellation of sale
• Retention of deposits
• Resale of Property without notice
• Recovery of damages, fees, and collection costs
• Suspension or permanent ban from future auctions
• Auctioneer does not guarantee collection of Buyer funds

8A. Buyer Default; Non-Payment by Winning Bidder

Any Buyer who submits the highest bid accepted by the Auctioneer ("Winning Bidder") enters into a legally binding contract to purchase the Property.

Failure by a Winning Bidder to remit full payment within the timeframe stated on the invoice constitutes a material breach of these Terms.

In the event of Buyer default or non-payment, the Auctioneer may, in its sole discretion and without notice, exercise one or more of the following remedies:

• Cancel the sale and declare the Buyer in default
• Retain any deposit or funds received as liquidated damages
• Re-offer the Property for sale at auction or private sale
• Hold the Buyer liable for any deficiency, including the difference between the original bid and the resale price
• Charge reasonable administrative, relisting, storage, and collection fees
• Suspend or permanently ban the Buyer from future auctions
• Report the default to internal or industry bidder-tracking systems where permitted by law

The Buyer acknowledges that damages resulting from non-payment are difficult to determine and agrees that retention of deposits and assessment of fees constitute reasonable liquidated damages, not a penalty, under Texas law.

The Auctioneer does not guarantee collection of funds from defaulting Buyers and shall not be liable to the Seller for Buyer non-payment.

9. Removal, Storage & Abandonment

Upon full payment, Buyer must remove Property within the stated removal period. Buyer bears all loading, transport, insurance, and risk.

Property not removed may incur storage fees and may be deemed abandoned, resold, or disposed of at Auctioneer's discretion.

10. Risk of Loss & Title Transfer

Risk of loss transfers to Buyer upon Auctioneer's confirmation of sale. Title documents, if applicable, shall be processed in accordance with Texas and applicable state law.

Buyer is responsible for verifying title status, branding, and regulatory compliance.

11. Technical Issues; Auction Disruptions; No Sale

Seller and Buyer acknowledge that auctions are conducted through an online platform and that technical issues may occur outside the Auctioneer's reasonable control, including internet outages, system errors, power failures, software malfunctions, or bidder access problems.

The Auctioneer will make commercially reasonable efforts to address technical issues; however, the Auctioneer does not guarantee uninterrupted or error-free operation of the auction platform and shall not be liable for failures beyond its control.

If, in the Auctioneer's sole discretion, a technical issue materially affects bidding, auction integrity, or fairness, the Auctioneer may take any action it deems appropriate, including:

• Extending bidding
• Postponing the auction
• Canceling affected lot(s)
• Re-offering item(s)
• Declaring a no sale

If a reserve price is not met due to a technical issue, Seller agrees that the Property may be deemed unsold, and no sale shall occur.

No Property shall be released unless full payment has been confirmed by the Auctioneer. Seller agrees that the Auctioneer is not liable for lost bids, reduced sale price, or failure to meet reserve caused by technical issues outside the Auctioneer's reasonable control.

12. Prohibited Conduct

Shill bidding, bid manipulation, collusion, or interference with auction integrity is strictly prohibited and may result in bid cancellation, account termination, and legal action.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER TEXAS LAW:

• Auctioneer's total liability shall not exceed fees actually received
• Auctioneer shall not be liable for incidental, consequential, or punitive damages
• Buyer and Seller waive claims arising from inspection failures

14. Non-Disparagement

Seller agrees not to make false or misleading public statements regarding Auctioneer relating to the auction process.

15. Electronic Communications Consent

Buyer and Seller consent to receive communications via email, SMS, and telephone, including marketing messages. Consent is not a condition of purchase and may be withdrawn.

16. Governing Law, Venue & Jurisdiction

This Agreement shall be governed by the laws of the State of Texas, without regard to conflicts of law principles.

Exclusive venue for any dispute shall lie in a court of competent jurisdiction located in Texas, and the parties irrevocably submit to such jurisdiction.

17. Severability & Waiver

If any provision is held unenforceable, the remaining provisions shall remain in full force. Failure to enforce any provision shall not constitute a waiver.

18. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, written or oral.