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Equipment Summary

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This ValueFacts Terms and Conditions Agreement (the “Agreement”) is entered into by and between the lender list above (hereinafter referred to as the “Client”) and The Dobbins Company (hereinafter referred to as the “Appraiser”), collectively referred to as the “Parties,” as of the date of submission of a ValueFacts request through the Appraiser’s designated online portal.

WHEREAS, the Client seeks to engage the Appraiser to provide professional appraisal services for specified equipment or machinery; and

WHEREAS, the Appraiser agrees to provide its expert opinion of the Fair Market Value, Orderly Liquidation Value, and Auction Value <use definitions below for hyperlinks>of the listed items in the above ValueFacts (“VF”) format; and

WHEREAS, the Parties intend to establish the terms governing the provision of such appraisal services, payment obligations, and related responsibilities.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. Scope of Services

1.1 The Client engages the Appraiser to perform an appraisal of up to six (6) pieces of equipment or machinery as submitted through the ValueFacts portal (the “VF Submission”). The Appraiser shall provide its professional opinion of the Fair Market Value, Orderly Liquidation Value, and Auction Value for each item in the VF format.

1.2 The ValueFacts report constitutes an opinion of value based solely on the information provided by the Client through the VF portal. The accuracy and reliability of the reported values are contingent upon the quality and completeness of the information supplied by the Client, which may originate from the Client’s customer.

1.3 The Appraiser assumes no liability for inaccuracies, omissions, or misinformation provided by the Client or its customer in the VF Submission. The Client acknowledges that incomplete or incorrect information may materially affect the appraisal values reported.

1.4 The ValueFacts report is not contingent upon the approval or execution of any loan agreement. The Client agrees to pay the Appraiser the agreed-upon fee, as outlined in Section 2, regardless of whether a loan is granted or denied.

2. Fees and Payment Terms

2.1 The Client agrees to pay the Appraiser for the ValueFacts appraisal services according to the following fee schedule, based on the number of items submitted for appraisal in a single VF Submission:

  • First two (2) items: $50.00

  • Three (3) to four (4) items: $100.00

  • Five (5) to six (6) items: $150.00

2.2 For appraisals involving more than six (6) items, the Client must request a standard desktop or on-site physical inspection appraisal, which is subject to separate pricing and terms.

2.3 The Appraiser shall issue an invoice with the delivery of the ValueFacts report. Payment is due within fifteen (15) calendar days from the date of invoice receipt.

2.4 Acceptable payment methods are limited to check or Automated Clearing House (ACH) transfer. Bank checks are preferred. The Client shall include the invoice number on all payments. Payments via wire transfer, credit card, debit card, or gift card are not accepted.

2.5 In the event an invoice remains unpaid for sixty (60) days or more past the due date, the Appraiser reserves the right to suspend the Client’s access to ValueFacts services until the outstanding balance is paid in full.

3. Turnaround Time

3.1 The Appraiser shall endeavor to deliver the ValueFacts report within twenty-four (24) hours of receiving a complete VF submission, subject to the conditions outlined below.

3.2 The Client acknowledges the Appraiser’s Turnaround Status indicator, displayed prominently on the ValueFacts portal, which provides real-time updates on processing times:

  • Green Status: Indicates optimal system performance, with a target turnaround time of twenty-four (24) hours or less.

  • Yellow Status: Indicates a system slowdown, with a potential turnaround time of twenty-four (25) to seventy-two (72) hours.

  • Red Status: Indicates a significant system disruption, during which no new ValueFacts submissions will be accepted until further notice.

3.3 VF Submissions received after 12:00 PM (Eastern Standard Time/Eastern Daylight Time) on a Friday will be processed no earlier than the following Monday, unless Monday is a federal holiday, in which case processing will commence on Tuesday.

3.4 The Appraiser will not process ValueFacts reports on the following holidays: New Year’s Day, Easter, Memorial Day Weekend, Independence Day Holiday, Labor Day Weekend, Thanksgiving Day, and Christmas Day.

3.5 The Appraiser disclaims any liability for damages, losses, or harm arising from delays in delivering a ValueFacts report, including failure to meet the advertised twenty-four (24) hour turnaround time. In the event of a prolonged delay, the Client’s sole remedy shall be a refund of the fees paid for the affected VF Submission, if applicable.

4. Limitations of ValueFacts Reports

4.1 ValueFacts reports are not compliant with the Uniform Standards of Professional Appraisal Practice (USPAP). Clients requiring USPAP-compliant appraisals must contact the Appraiser to arrange for a standard on-site or desktop appraisal, subject to separate terms and fees.

4.2 The Client acknowledges that the ValueFacts report is an opinion of value based solely on the information provided in the VF Submission and does not constitute a warranty or guarantee of the actual value of the appraised items.

5. Revisions and Appeals

5.1 Revisions: If the ValueFacts report contains a typographical error or mistake that materially affects the reported values or legal description of the appraised items, the Appraiser will provide one (1) revision at no additional cost, provided the Client requests the revision within forty-eight (48) hours of receiving the report. Any subsequent revisions or requests made after forty-eight (48) hours will require a new VF Submission and applicable fees.

5.2 Appeals: If the Client or its customer disputes a value provided in the ValueFacts report, the Client may submit an appeal within seven (7) calendar days of receiving the report. The appeal must include additional information or evidence supporting the requested change in value. The Appraiser will review the appeal and, at its sole discretion, issue a revised report if a change in value is warranted. No additional fee will be charged for an appeal resulting in a revised report.

6. Governing Law and Dispute Resolution

6.1 This Agreement shall be governed by and construed in accordance with the laws of the state Georgia, without regard to its conflict of law principles.

6.2 Any disputes arising under or related to this Agreement shall be resolved through good-faith negotiation between the Parties. If negotiation fails, the Parties agree to submit to mediation before pursuing any legal action.

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7. Entire Agreement

7.1 This Agreement constitutes the entire understanding between the Parties with respect to the ValueFacts appraisal services and supersedes all prior agreements, whether written or oral.

7.2 Any amendments to this Agreement must be made in writing and signed by both Parties.

8. Acceptance

By submitting a ValueFacts request through the Appraiser’s online portal and checking the box indicating agreement to these Terms and Conditions, the Client acknowledges that it has read, understood, and agrees to be bound by the terms of this Agreement.