Special Terms
Kiefer Auctioneers, LLC - Terms and Conditions
Introduction and Definitions:
This Agreement (the "Agreement") sets forth the terms and conditions governing the conduct of the auction and the bidding process for the public auction event conducted by Kiefer Auctioneers, LLC (the "Auctioneer" or "Auction Company"), as listed on the auction's website or the auction's online bidding platform.
By registering as a bidder ("Bidder") or purchaser ("Purchaser") in any auction conducted by Kiefer Auctioneers, LLC, whether through a live, on-site auction, a live simulcast online auction, a timed online auction, or any other auction platform, the Bidder and Purchaser hereby covenant and agree to be bound by this Agreement.
The terms "Bidder," "Purchaser," "Auctioneer," "Auction Company," "Seller," "Event Land Owner(s)," and "Auction Items" shall have the following meanings:
"Bidder" refers to any registered individual or entity placing a bid in the auction, either online or in person.
"Purchaser" refers to the highest accepted and declared bidder at a live, simulcast, or timed online auction, and the individual or entity that successfully purchases an Auction Item.
"Seller" refers to the party or entity offering Auction Items for sale.
"Auctioneer" refers to Kiefer Auctioneers, LLC, the entity conducting the auction.
"Auction" refers to the auction event as advertised, either live, simulcast, or timed online, conducted at the time, date, and location listed on the auction website or platform.
"Event Land Owner(s)" refers to the legal owner(s) of the auction premises or event location.
"Auction Items" or "Lot Items" refer to the goods and personal property being auctioned.
“Binding Obligation” means the legally enforceable contract formed at the moment an Auction Item is declared “Sold” by the Auctioneer (or closed by the online bidding platform), regardless of invoicing, payment timing, clerical errors, title issues, or possession.
1. Eligibility
By registering to participate in any auction conducted by Kiefer Auctioneers, the Bidder and Purchaser hereby represent and warrant that they have the legal capacity and authority to enter into and be bound by this Agreement. Participation by any individual who is under the age of 18, or by any individual who is not of sound mind, judgment, or legal capacity, is strictly prohibited. Any such participation shall constitute a violation of this Agreement, and the Auctioneer reserves the right to immediately disqualify any individual found to be ineligible.
2. Agreement to Terms
By registering as a Bidder or Purchaser, each participant acknowledges, affirms, and agrees to be bound by and comply with the terms and conditions set forth in this Agreement. It is the sole responsibility of the Bidder and Purchaser to review these Terms and Conditions prior to placing any bid on an Auction Item. Bidders are strongly advised to request a copy of the Terms and Conditions from the Auctioneer at any time before submitting a bid.
This Agreement shall apply to and govern all auctions conducted by Kiefer Auctioneers, including but not limited to on-site auctions, live online simulcast auctions, timed online auctions, and any other auction platforms utilized by the Auctioneer. The Terms and Conditions will be made available for review at the auction venue on the day of the auction and will also be accessible on the Auctioneer’s website (kieferauctions.com) or the applicable online bidding platform for the auction. Bidders may request a copy of the Terms and Conditions at any time prior to registering for the auction by emailing info@kieferauctions.com. Should a Bidder require assistance in obtaining, reviewing, or understanding the Terms and Conditions, the Bidder shall immediately contact Kiefer Auctioneers at (940) 391-9111 or (903) 821-8717.
3. Auctioneer’s Role and Liability
The Auctioneer is acting solely as an intermediary and agent for the Seller in connection with the auction transaction. The Auctioneer shall not be held liable for any damages, claims, losses, injuries, clerical or human errors, or disputes arising out of or in connection with the auction, the Auction Items, or any actions taken during or after the auction. All bids placed by participants are legally binding, and the Auctioneer reserves the right, at its sole discretion, to cancel, modify, or reschedule any auction event without liability.
Limitation. Nothing in these Terms limits liability for gross negligence or willful misconduct to the extent such limitation is prohibited by applicable Texas law.
4. Indemnity and Hold Harmless
By participating in the auction, the Bidder and Purchaser agree to indemnify, defend, and hold harmless the Auctioneer, its affiliates, officers, directors, employees, agents, heirs, successors, and assigns, as well as the Seller, Event Land Owner(s), and their respective officers, agents, employees, heirs, legal representatives, and assigns (collectively, the "Indemnified Parties"), from and against any and all claims, actions, liabilities, damages, losses, injuries, theft, or expenses of any kind, including but not limited to legal fees, costs, and disbursements, arising out of or related to the auction event, the Auction Items, or the use, handling, or transport of such Auction Items, whether caused by clerical or human errors, injury, property damage, accidents, theft, acts of God, or any other claims or circumstances. Failure to pay any corrected balance due to a clerical or human error shall constitute a default under these Terms and Conditions. The Auctioneer may pursue all available remedies, including legal action, to recover amounts owed.
5. Auction Announcements
Any announcements made by the Auctioneer during the course of the auction, including but not limited to modifications, clarifications, or updates to these Terms and Conditions, shall supersede and take precedence over all prior written or oral terms and conditions. Such announcements shall be deemed legally binding and incorporated as part of this Agreement.
6. Technical Issues
In the event of any technical issues or disruptions related to online bidding, Bidders are instructed to promptly contact ProxiBid for assistance at:
Phone (United States): (877) 505-7770
Phone (International): +1 (402) 505-7770
Kiefer Auctioneers, LLC - Terms and Conditions of Auction
Public Auction:
By registering to participate in the auction, the Bidder and Purchaser acknowledge and agree to be bound by these Terms and Conditions. The Auctioneer, Seller, and Event Location Land Owner(s) shall not be held responsible or liable for any loss, theft, damage, accident, fire, property damage, injury, or any other liability arising out of or in connection with the auction, including, but not limited to, any incident involving the Auction Items.
Live Auctions:
Live Auctions will be conducted as an in-person, audible auction conducted by a Licensed Auctioneer on the date and time specified on the auction listing page of the auction website. The auction will take place on-site at the property address listed on the auction website or in any related marketing material, with registration beginning at 8:00 AM CST on the day of the auction, unless otherwise stated on the auction listing page. The Auction Preview Day, is typically held the day prior to the auction and takes place from 10:00 AM – 3:00 PM CST or by appointment with the Auctioneer, unless otherwise specified on the auction listing page on KieferAuctions.Com or the designated online auction platform.
Bidding on-site will commence at the time indicated in the auction listing. All Auction Items will be sold "AS IS" and "WHERE IS," with no warranties, express or implied. It is the sole responsibility of the Bidder and/or Purchaser to inspect the Auction Items and conduct due diligence prior to bidding.
Any individual bidding on behalf of another person or entity must provide a valid, legally enforceable, unexpired, original, and recordable Power of Attorney or any written authorization acceptable to Auctioneer before the auction begins. Otherwise, the person bidding will be deemed legally responsible for payment of any Auction Items for which they place a bid. If a Bidder is representing a corporation, the individual bidding on behalf of the corporation will be personally bound by these Terms and Conditions and required to settle all purchases until a corporate resolution is presented to the Auctioneer prior to finalizing payment and/or removal of any Auction Items. Bidders must provide a valid driver's license or identification card, a current phone number, and a current mailing address to register.
Live Online Simulcast Auctions and Live Virtual Auctions:
If you are unable to attend the live auction in person, or the auction is a live virtual auction with no live auction attendees, you can still participate in real-time online bidding through the designated online bidding platform. Pre-bidding will be available prior to the live auction date. Pre-registration on the designated online bidding platform is required at KieferAuctions.Com. Bidding will begin at the time and date specified on the auction listing page. All Auction Items will be sold "AS IS" and "WHERE IS," with no warranties. It is the sole responsibility of the Bidder and/or Purchaser to inspect the Auction Items and conduct due diligence prior to bidding.
Any individual bidding on behalf of another person or entity must provide a valid, legally enforceable, unexpired, original, and recordable Power of Attorney prior to the auction, or they will be deemed responsible for payment of all Auction Items they bid on. If the Bidder is bidding on behalf of a corporation, the Bidder will be personally liable for all purchases until a corporate resolution is provided to the Auctioneer before finalizing any auction invoices and/or removal of Auction Items.
Online Timed Auctions:
Bidding will begin at the time and date specified on the auction listing page and will proceed in a timed online format. The auction will close sequentially, with one lot closing every minute, beginning with Lot #1 and continuing until the final Lot, as listed in the online catalog. The Online Timed Auction will be conducted exclusively through the designated online bidding platform listed on KieferAuctions.Com, which shall be the final authority in determining winning bids. Upon confirmation of the winning bid, the bid shall be automatically accepted by the Auctioneer, and a binding obligation to purchase the Auction Item shall be formed. All Auction Items will be sold "AS IS" and "WHERE IS," and it is the sole responsibility of the Bidder and/or Purchaser to inspect and research any and all Auction Items prior to placing bids.
Any person bidding on behalf of another person or entity must provide a valid, legally enforceable, unexpired, original, and recordable Power of Attorney to the Auctioneer prior to the auction. Otherwise, the Bidder will be held legally responsible for payment on any Auction Items purchased. If the Bidder is bidding on behalf of a corporation, the Bidder will be personally liable for all purchases until a corporate resolution is provided to the Auctioneer before finalizing any auction invoices and/or removal of Auction Items.
Absolute Auction:
An "Absolute Auction" is an auction in which the Auctioneer is obligated to sell the Auction Item to the highest Bidder without reserve or minimum price. The Auctioneer, Seller, and/or any related party expressly waive the right to reject any bid, and the Auction Item shall be sold to the highest Bidder regardless of the final bid amount. The Seller agrees to sell the Auction Item regardless of any price limitation, including but not limited to a reserve price or a minimum bid requirement.
Reserved Auction:
A "Reserved Auction" is an auction in which the Auctioneer reserves the right to set a minimum acceptable price for the Auction Item, known as the "reserve price." The Auction Item shall not be sold unless the highest bid meets or exceeds the reserve price, which may be disclosed or undisclosed at the discretion of the Seller. The Seller and/or Auctioneer may reject any bid that does not meet the reserve price, and the Auction Item may not be sold if no bid meets the reserve price. In a Reserved Auction, the Seller maintains the right to withdraw the Auction Item from the auction prior to the conclusion of bidding, and no sale will be consummated unless a valid bid meets or exceeds the reserve price.
By participating in either an Absolute Auction or a Reserved Auction, the Bidder and Purchaser agree to be bound by the applicable terms governing the specific type of auction, and to comply with all conditions related to the bidding process, including the potential withdrawal or rejection of bids.
Auction Procedures:
All Auction Items are sold "AS IS" and "WHERE IS," without any warranty, either express or implied, concerning their condition, authenticity, or suitability for any particular purpose. The Auctioneer reserves the right to sell any Auction Items in any manner deemed appropriate, including determining the increments of bidding, methods of sale, and resolving any bidding disputes. The decisions of the Auctioneer are final in all matters related to the auction, lot items sold price, including the removal, skipping, or grouping of any Auction Item.
Auction items will be sold in a manner that achieves the highest total sales price. Each item remains open for bidding until it is closed or declared “Sold” by the Auctioneer. The highest bidder at the time an item is declared “Sold” becomes the “Purchaser” and is obligated to pay the final bid amount. Purchasers agree to pay the price for which the lot was declared sold by the Auctioneer, regardless of any clerical or human errors. The Purchaser further agrees to comply with and be bound by the Auctioneer’s declared “Sold” price.
In the event that an auction item is removed or skipped, all pre-bids and absentee bids associated with such items will be voided. In the event of a tie bid, bidding dispute, or platform discrepancy, the Auctioneer may, in its sole discretion, determine the winning bid, reopen bidding, or resell the item. The Auctioneer’s decision is final.
Payment:
Winning bidders, hereafter referred to as "Purchasers," will receive an invoice from Kiefer Auctioneers via email following the conclusion of the auction. Purchasers are responsible for checking their spam or junk folders for the invoice. Payments will be processed immediately after the auction. To ensure prompt payment, Purchasers must contact the Auction Company by phone (leave a voicemail) or by text message to: (940) 391-9111 with their detailed information (name, paddle/bidder number, etc.) and how they intend to make payment, or to use their credit or debit card on file. All credit and debit card transactions will be processed with a 3.79% convenience fee. Auction Company will run the Purchasers card on file after the auction unless, the Purchaser contacts the Auction Company to arrange an alternative payment method immediately at the conclusion of the auction.
By registering for the auction and providing a credit or debit card, the Purchaser expressly authorizes Kiefer Auctioneers, LLC to charge the card on file for the full invoice amount, including the hammer price, buyer’s premium, taxes, fees, storage charges, late fees, and any other amounts due under these Terms and Conditions, without additional notice.
Payment for Auction Items are considered due once the item is declared “Sold” by the Auctioneer. Purchasers must pay the full amount due on their invoices before removal of any Auction Item. Invoices must be paid in full within 24 hours. Failure to make payment by the specified deadline will result in penalties, including a 2% late fee and default interest of 18% per annum. Additionally, the Auctioneer may declare any Auction Item a “No Sale” as provided under the “No Sale Fee & Administrative Fee” section of these Terms and Conditions. If payment is not made by the Purchaser in full by the specified deadline, the Purchaser will be responsible for any collection costs, including legal fees, and any costs incurred in enforcing this Agreement. All late fees and interest shall be charged only to the extent permitted by Texas law and shall not exceed the maximum lawful rate.
Accepted methods of payment include cash, credit or debit card (subject to a 3.79% convenience fee), wire transfer, or check with a Bank Letter of Guarantee. For checks over $250, the check must clear the bank before items may be removed. Wire transfers must be completed by the next business day.
International Purchasers must contact the Auctioneer before the auction to arrange for a valid deposit. International payments must be made via wire transfer in U.S. dollars by the next business day. No refunds will be issued for sales tax to international buyers, and international checks will not be accepted.
Correction of Clerical Errors:
The Auctioneer reserves the right to correct any clerical or human errors made in connection with the auction, including but not limited to invoicing, payment processing, and title documentation. In the event such an error results in an underpayment or overpayment, the Purchaser agrees to promptly remit any additional funds due upon notice from the Auctioneer.
Purchaser acknowledges and agrees that title or possession of any Auction Item shall not excuse or release Purchaser from the obligation to pay any balance owed due to such errors. Failure to remit payment of any corrected balance shall constitute a default under these Auction Terms and Conditions, and the Auctioneer may pursue all remedies available under applicable law, including but not limited to collection actions, attorney’s fees, and costs.
Buyer's Premium:
A Buyer's Premium, as specified on the auction listing page for online and on-site bidders, will be added to the final hammer price of each Auction Item. This fee is in addition to any applicable taxes or other fees.
The Buyer’s Premium (if any) is disclosed in the auction advertisement and/or auction listing page and will be announced and/or displayed prior to the start of bidding. By bidding, Purchaser acknowledges the Buyer’s Premium was disclosed prior to bidding and will be added to the hammer price.
Sales Tax:
Bidders and Purchasers are responsible for ensuring that any tax exemption information provided to Kiefer Auctioneers and on your account for the designated online bidding platform is accurate and up-to-date. Failure to provide current tax exemption details may result in the imposition of applicable sales tax. Sales tax will be assessed unless the Purchaser submits a signed Sales Tax Resale Certificate or an Agriculture Exemption Certificate to the Auction Company. All Buyers are required to submit their signed Sales Tax Resale or Agriculture Exemption Certificates prior to the auction date.
International Buyers are subject to applicable sales tax and will not be refunded any sales tax.
Furthermore, the Bidder and Purchaser acknowledge their responsibility for the payment of any sales or use taxes that may arise due to non-compliance with Federal, State, or Local tax codes regarding items sold as tax-exempt or for resale. The Bidder and Purchaser also understand that it constitutes a criminal offense to provide a false exemption or resale certificate number for taxable purchases, with potential penalties ranging from a Class C Misdemeanor to a Felony of the Second Degree, depending on the amount of tax evaded.
Default, Responsibility for Payment, and Additional Costs:
In the event the Purchaser fails to make full payment as required by the auction terms, regardless to human or clerical errors, the Purchaser will be deemed in default to this contractual agreement. The Auctioneer reserves the right to take any necessary legal action to recover the outstanding balance, including, but not limited to, pursuing claims through collection agencies, contacting the District Attorney or Sheriff's Office for insufficient funds, stopped payments, chargebacks, outstanding balances, or disputes related to the auction event and auction items.
The Purchaser shall be liable for all costs incurred by the Auctioneer in connection with the collection of the debt, including legal fees, collection agency fees, penalties, and any other charges associated with the default.
Furthermore, the Purchaser will be responsible for any and all additional costs arising from the failure to promptly remove Auction Items, including storage fees, handling fees, transportation costs, and reshipping charges. Such fees may accrue daily and will be payable in addition to the original purchase price, at the Auctioneers sole discretion.
The Auctioneer retains the right to resell any unpaid or uncollected Auction Items at its discretion, without any refund to the Purchaser. If the resale price is lower than the original purchase price, the Purchaser shall be responsible for the deficiency. The Auctioneer may pursue any legal remedies available under applicable law to recover amounts owed, including but not limited to the imposition of storage fees, resale of the item, outstanding balances, and legal action to recover amounts owed.
Failure to pay any corrected balance due to a clerical or human error shall constitute a default under these Terms and Conditions. The Auctioneer may pursue all available remedies, including legal action, to recover amounts owed.
All late fees and interest shall be charged only to the extent permitted by Texas law and shall not exceed the maximum lawful rate. If any charge is deemed to exceed the lawful maximum, it shall be automatically reduced to the maximum permitted.
Chargebacks Prohibited:
Purchaser agrees that initiating a chargeback does not negate Purchaser’s payment obligation. If a chargeback occurs for any reason, Purchaser remains liable for the full amount due and shall reimburse Auctioneer for all chargeback fees, administrative costs, and reasonable attorney’s fees incurred in responding. By participating in the auction and submitting payment, Purchaser acknowledges and accepts that all sales are final and that the Auctioneer’s records will serve as conclusive evidence of the transaction.
In the event a chargeback or payment dispute is improperly initiated, the Purchaser shall remain fully liable for all amounts owed, and agrees to reimburse the Auctioneer for any costs, expenses, or fees incurred in connection with resolving the dispute, including but not limited to bank fees, administrative fees, reasonable attorney’s fees, and collection costs.
Purchaser further acknowledges that initiation of an improper chargeback shall constitute a material breach of these Terms and Conditions, entitling the Auctioneer to pursue all available legal remedies to recover the full amount due.
"As-Is" Sale of Auction Items:
No Warranty; As-Is/Where-Is: All auction items are sold on an "As-Is, Where-Is" basis, without any representations or warranties of any kind, either express or implied, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. The description of each Auction Item is solely for the purpose of identification and does not constitute a representation or warranty that the Auction Item will conform to such description or to any condition referred to therein. The Auctioneer and Seller make no representations or warranty that the Auction Item will properly function or operate after removal from the auction premises nor that it will continue to operate or function for any period of time after the item is declared “Sold” by Auctioneer. Bidders are strongly encouraged to inspect all Auction Item prior to bidding, as descriptions are provided as limited guides and may not be fully accurate. Any error in descriptions does not relieve the Bidder, Purchaser, Bidder’s agents or employees, Purchaser’s agents or employees, of their duties and responsibilities to fully inspect Auction Items prior to the placing of bids on Auction Items. There are no refunds or returns for Auction Items.
Bidding:
Live Auction: A winning bid is final and binding when the Auctioneer declares the item “Sold,” creating a Binding Obligation.
Online Bidding: Winning bids submitted through the designated online bidding platform are final and binding once the Auction Item is closed and declared “Sold,” creating a Binding Obligation. The designated online bidding platform shall be the final authority with respect to bid recognition, bid increments, timing, and any technical issues or discrepancies. Notification of a successful bid may be provided by email or other automated means, but failure to receive such notification does not relieve the Purchaser of any obligation.
Maximum Bids in a Timed Online Auction:
In a Timed Online Auction, Bidders may submit a "maximum bid," which represents the highest amount the Bidder is willing to pay for an Auction Item. The bidding system will automatically place incremental bids on the Bidder's behalf, based on the Bidder’s maximum bid, up to the maximum limit set by the Bidder. The auction system will continue to bid for the Bidder at the next increment, as required by the auction platform, until the maximum bid is reached. The Bidder's identity remains confidential during this process, and the bidding system will only place bids necessary to maintain the highest position up to the Bidder's maximum bid amount.
Example: If a Bidder sets a maximum bid of $500 for an Auction Item and the current bid is $400, the system will automatically place a bid of $450 on the Bidder’s behalf, assuming the next incremental bid is $50. If another Bidder then places a bid of $475, the system will automatically increase the Bidder’s bid to $500. If the bidding continues beyond $500, the Bidder’s maximum bid will no longer be applicable, and the Bidder will no longer be the highest Bidder.
Maximum Bids in a Live Simulcast Auction:
In a Live Simulcast Auction, Bidders may also submit a "maximum bid" in advance of or during the live auction event. In such cases, the maximum bid will be communicated to the designated auction platform and will place incremental bids on behalf of the Bidder, up to the Bidder’s maximum bid, subject to the bid increment rules established for the auction. The bidding will continue on behalf of the Bidder in increments until the Bidder's maximum bid is reached or out bid. In the event another Bidder surpasses the maximum bid amount, the Bidder with the maximum bid will no longer be the highest Bidder.
Example: If a Bidder submits a maximum bid of $1,000 during a live simulcast auction for an item currently bid at $800, the system will automatically place bids on the Bidder's behalf in increments (for example, $850, $900, $950, etc.) until the maximum bid of $1,000 is reached, depending on which Bidder (online or on-site) reaches the current bid amount. If an on-site Bidder places a bid of $1,000 while the online Bidder's current bid is $950, the online Bidder's maximum bid will no longer be the winning bid, and the on-site Bidder will become the highest Bidder. The auction will then continue with the on-site Bidder as the leading Bidder.
General Terms for Maximum Bids:
Bidders are responsible for ensuring their maximum bids are set according to their intent, and by placing a maximum bid, the Bidder agrees to allow the automated system to place bids on their behalf, up to the specified maximum bid amount. Once a Bidder’s maximum bid is exceeded, the Bidder is no longer entitled to win the Auction Item unless a higher bid is placed. Bidders should review their maximum bid settings carefully before submitting any bids, as all bids are final and non-retractable.
Bidders are legally responsible for all bids placed and are required to pay in full for any item won at auction. No bids may be retracted after 8:00 PM CST on the day prior to the auction. The Auctioneer is not liable for any technical issues or bidding accidents incurred by the bidder with online bidding.
Firearm Sales:
All firearm sales are subject to full compliance with applicable federal and Texas firearm laws and regulations. All firearm transfers will be processed through a Federal Firearms Licensee (“FFL”), and the FFL’s eligibility determination and transfer requirements (including age requirements and NICS outcome) control.
Eligibility / Age (FFL Transfers):
For transfers processed through an FFL, the Purchaser must meet all federal and state eligibility requirements applicable to the firearm type. If the Purchaser is denied or otherwise determined ineligible by the FFL for any reason, the Purchaser remains fully liable for all amounts owed.
Background Check / Release of Firearms:
The Purchaser must complete all required transfer paperwork, including ATF Form 4473 where applicable, and successfully satisfy the background check process. Firearms will be released only upon a NICS “Proceed,” or as otherwise permitted by applicable law and the FFL’s policies. There will be no exceptions.
Shipping / Out-of-Area Transfers:
Any firearm not picked up in person must be shipped and transferred through an FFL. Firearms will be shipped only to an FFL designated by the Purchaser. The Purchaser is solely responsible for all shipping, handling, packaging, insurance, and all FFL transfer fees (sending and receiving).
A $50.00 per firearm FFL transfer fee will be charged by the Auction Company’s FFL dealer. This fee is non-refundable, regardless of NICS outcome, delay, or denial.
NICS Denials / Ineligibility:
A NICS denial, delay, or other ineligibility determination does not relieve the Purchaser of payment obligations.
“Notice” may be provided by email, text message, phone call, or invoice/statement sent to the contact information on Purchaser’s bidder account.
If the Purchaser is denied or otherwise determined ineligible, the Purchaser must, within five (5) business days of notice, provide lawful alternate transfer instructions acceptable to the Auctioneer and the FFL (including transfer to an eligible recipient through an FFL, where permitted by law).
If lawful alternate transfer instructions are not provided within the required timeframe, the Auctioneer may, in its sole discretion, resell the firearm. The Purchaser remains responsible for:
(a) the full purchase price;
(b) the non-refundable $50.00 per firearm FFL transfer fee;
(c) any storage, handling, relisting, resale, administrative, or legal costs; and
(d) any deficiency if resale proceeds are less than the original purchase price.
Indemnification:
The Purchaser agrees to indemnify, defend, and hold harmless Kiefer Auctioneers, the Seller, the property owners, and their respective officers, agents, and employees from and against any and all claims, liabilities, damages, losses, or causes of action of any kind arising out of or related to the purchase, possession, handling, use, transport, or transfer of firearms or other inherently dangerous property purchased at auction.
Final Sale / No Refunds:
ALL FIREARM SALES ARE FINAL. No refunds or returns will be permitted. Kiefer Auctioneers is not responsible for delays caused by background check processing times, carrier delays, or failed or denied transfers. All firearms are sold subject to applicable federal law, Texas law, and international treaty requirements (including C.I.T.E.S., where applicable).
Bidder’s Duty to Inspect and Investigate:
Bidders are responsible for thoroughly inspecting all auction items before placing a bid. The Auctioneer makes no representations as to the accuracy or operational condition of the items. Failure to inspect the items does not relieve the Purchaser from the obligation to pay for the auction items. Once the Auctioneer declares an item “Sold,” all risk of loss and responsibility for the item transfers to the Purchaser, and a Binding Obligation is formed, regardless of whether full payment has been made. Purchaser is encouraged to obtain insurance immediately.
The Purchaser acknowledges and agrees that they have had the opportunity to inspect the Auction Items prior to placing any bids. The Auction Preview Day(s) for the Auction Items will be specified on the auction listing page of the designated online bidding platform and on KieferAuctions.com.
The Auctioneer does not assume responsibility for any inaccuracies, operational defects, or damages that might affect an item’s condition. Additionally, Bidders can make an appointment with the Auctioneer that is a mutually agreeable day and time to inspect the auction items via info@kieferauctions.com or (903) 821-8717.
Titles to Vehicles:
The Auctioneer acts solely as a third-party intermediary between the Seller and Purchaser and assumes no responsibility for the status, accuracy, or transferability of any title. The Auctioneer does not perform background checks on titles and makes no representations or warranties, express or implied, regarding the delivery of a free and clear title or the condition, legal status, or transferability of any title.
A non-refundable $25 title handling fee will be assessed for each titled Auction Item. Titles will be mailed to the Purchaser within approximately two weeks after receipt of full payment.
In the event of any delay, defect, or issue in obtaining or transferring title, the Auctioneer shall not be liable for any losses, damages, fees, attorney’s fees, interest, punitive damages, or other costs or expenses, whether direct or indirect, resulting from such delay or issue.
Upon written request, the Auctioneer may provide the Purchaser with the name and contact information of the Seller. All Auction Items are sold “AS IS, WHERE IS,” without warranty of any kind, either express or implied, including but not limited to any warranties regarding title status or transferability.
The Purchaser is solely responsible for any taxes, past due taxes, title, license, processing, or documentation fees required for the registration or titling of the Auction Item.
Removal of Auction Items:
Item Removal Deadlines
Purchasers may retrieve Auction Items immediately following the conclusion of the auction on Auction Day or on the stated Auction Dates and Times, provided full payment has been received and verified by the Auctioneer. Additional designated pick-up times, if applicable, will be posted on the auction listing page on the designated online bidding platform, at KieferAuctions.com, and in the emailed invoice provided by Kiefer Auctioneers.
Paid Receipt Required
The Purchaser must present a paid receipt issued by Kiefer Auctioneers at the time of item removal. The Auctioneer reserves the right to deny release of any Auction Item without confirmation of full payment.
Loading and Equipment
The Auctioneer does not guarantee the availability of loading assistance or equipment and is under no obligation to provide such. Purchasers are solely responsible for the safe removal, loading, transportation, and securing of their purchased items.
Abandonment of Property
Failure to Remove; Storage; Deemed Abandoned (Contractual). Failure to remove items by the stated removal deadline constitutes a breach and will be handled in accordance with the “Disposal of Unclaimed Items” section of these Terms and Conditions, which is incorporated herein by reference.
No Refunds or Credits
Kiefer Auctioneers is under no obligation to issue refunds, credits, or other compensation for items not removed within the designated timeframe or for items deemed abandoned.
Risk and Liability
The Auctioneer is not responsible for theft, loss, damage, accidents, injuries, or acts of God that occur during the removal of Auction Items. Purchasers assume all risks and liabilities associated with loading, removal, and transport of purchased items and agree to indemnify and hold harmless Kiefer Auctioneers from any claims arising therefrom.
Alternate Arrangements
Any alternative arrangements for removal of Auction Items must be requested in writing and approved by the Auctioneer at info@kieferauctions.com within 24 hours of auction conclusion. Approval of such requests is at the sole discretion of the Auctioneer and may be subject to additional charges.
Announcements Supersede
Any announcements regarding removal times, procedures, or conditions made by the Auctioneer prior to or during the auction shall take precedence over previously stated times and conditions.
Loading On-Site:
Kiefer Auctioneers may, at its sole discretion, assist with the loading of Auction Items within reasonable weight limits and during the designated removal periods. Any additional loading requirements, equipment, or costs shall be the sole responsibility of the Purchaser.
Kiefer Auctioneers, the Seller, and the property owner(s) where the auction is conducted shall not be held liable for any theft, loss, damage, defects, accidents, or injuries arising before, during, or after the auction, including but not limited to activities involving unloading, loading, removal, or transport of Auction Items.
Purchaser assumes all risks associated with these activities and agrees to indemnify, defend, and hold harmless Kiefer Auctioneers, the Seller, and the property owner(s) from any claims, damages, losses, or liabilities, including reasonable attorney’s fees, arising from such activities.
Contract Movers:
If the Purchaser engages a third-party mover or machinery removal contractor, Purchaser acknowledges and agrees that Kiefer Auctioneers, the Seller, and the property owner(s) shall not be responsible for any damage, theft, accidents, or injuries caused by such contractors.
The Purchaser shall ensure that all third-party contractors engaged for loading, removal, or transport activities carry appropriate insurance coverage naming Kiefer Auctioneers, the Seller, and the property owner(s) as additional insureds, as applicable. Purchaser shall be fully responsible for any damage to persons or property caused by such contractors and shall indemnify, defend, and hold harmless Kiefer Auctioneers, the Seller, and the property owner(s) for any resulting claims, damages, or expenses.
Disposal of Unclaimed Items (Failure to Remove):
If Purchaser fails to remove any item by the stated removal deadline, Purchaser is in breach and authorizes Auctioneer (and/or Seller), in its sole discretion and without further notice to Purchaser, to: (a) assess storage, handling, relocation, and administrative fees; (b) relocate the item at Purchaser’s risk and expense; and/or (c) resell the item at public or private sale or otherwise dispose of the item.
Any resale proceeds may be applied first to storage, handling, relocation, resale, administrative, and legal costs, with any remaining balance applied to amounts owed by Purchaser.
Purchaser remains liable for all amounts due, including the purchase price, buyer’s premium, taxes, storage/relocation costs, resale costs (including listing/marketing/platform fees), and reasonable administrative and legal costs. If resale proceeds are less than the amount owed, Purchaser remains liable for the deficiency. No refunds or credits will be issued for items not removed by the deadline.
Auction Item Handling, Shipping, Fees, and Liability:
Purchasers are solely responsible for coordinating the shipment or removal of their purchased Auction Items. For smaller items requiring shipment, a $25 handling fee will apply. Larger items will be subject to a $50 handling fee, in addition to all freight, crating, packaging, and carrier charges. Any item requiring special crating or third-party handling must be coordinated and arranged by the Purchaser at their sole expense within the stated removal deadlines.
Once an Auction Item is declared "Sold," all risk of loss, theft, damage, or injury transfers to the Purchaser. Kiefer Auctioneers shall have no liability for any damage, theft, or loss occurring after that point, whether during handling, storage, transit, or otherwise.
Purchasers are strongly encouraged to obtain adequate insurance coverage to protect their Auction Items following purchase, including for storage or transport-related risks.
To the fullest extent permitted by Texas law, by participating in the auction, the Purchaser agrees to release, waive, discharge, and indemnify the Auctioneer, Seller, and Event Land Owner(s), along with their respective officers, agents, employees, and affiliates, from and against any and all claims, damages, losses, injuries, theft, accidents, or liabilities of any kind, except those resulting from gross negligence or willful misconduct, arising out of or in connection with the Auction Items once declared “Sold.” From that point forward, the Purchaser assumes full responsibility for the Auction Items and any risk of loss, damage, theft, or injury associated therewith.
Suspension of Bidding Privileges:
The Auctioneer reserves the right, in its reasonable discretion, to suspend or revoke a Bidder’s bidding privileges if the Bidder violates these Terms and Conditions, engages in unlawful, unsafe, or disruptive conduct, or otherwise interferes with the orderly operation of the auction.
The Bidder shall remain fully liable for payment of all bids placed prior to the suspension or revocation of bidding privileges. Suspension or revocation of bidding privileges does not relieve the Bidder of any financial obligations incurred under this Agreement.
The Auctioneer further reserves the right to remove the individual from the auction premises and, if deemed necessary, contact law enforcement authorities and pursue any charges or remedies available under applicable law. The Bidder agrees to comply promptly with any directive for removal and acknowledges that such action may be necessary to ensure the safety, security, and integrity of the auction event.
Attendance at Auction Site - Assumption of Risk & Waiver of Liability:
By attending the auction or entering the auction premises, each person acknowledges and agrees that the auction site may present potential hazards, including but not limited to unlevel ground or surfaces, the presence of flammable, corrosive, or pressurized substances, the operation of heavy machinery or equipment, and live electrical circuits. Any person, whether a Bidder, Purchaser, or other attendee, who enters the premises before, during, or after the auction does so voluntarily and at their own risk.
The condition of the premises, Auction Items, activities, and the conduct of third parties, contractors, or other individuals on-site are not warranted to be free from hazards, defects, injuries, accidents, or dangers.
To the fullest extent permitted by Texas law, the Bidder, Purchaser, and their agents, representatives, contractors, employees, and guests hereby:
Assume all risks of injury, loss, or damage arising out of or related to their presence on the premises; and
Release, waive, and discharge the Seller, Auctioneer, Event Location Owner(s), and their respective agents, employees, officers, directors, affiliates, and representatives from any and all claims, actions, damages, injuries, losses, or liabilities, including but not limited to personal injury, property damage, or other harm, except in cases of gross negligence or willful misconduct.
No person shall have any claim, cause of action, or legal right against the Auctioneer, Seller, Event Location Owner(s), or their agents, employees, officers, directors, affiliates, or representatives for any injuries, damages, losses, or claims arising from any cause related to the auction premises, including unlevel ground or surfaces, auction activities, or any Auction Items.
By entering the premises, each individual assumes full responsibility for their own safety and well-being.
Communication and Information Sharing:
By registering for and participating in the auction, the Bidder and Purchaser expressly authorize Kiefer Auctioneers and its affiliates to contact them by phone, email, text message, or mail regarding any auction-related matters, including but not limited to notifications, updates, reminders, invoices, and other necessary communications. The Bidder and Purchaser acknowledge and agree that they are solely responsible for any charges or fees incurred from their phone, text messaging, or data service providers for receiving such communications. For text messages, reply STOP to opt out; reply HELP for help. Consent to marketing texts is not a condition of purchase. Message/data rates may apply.
The Bidder and Purchaser further consent to the collection and use of photography, video, and audio recordings made on the auction premises. Such recordings may be used by the Auctioneer for purposes including, but not limited to, site security, compliance with legal obligations, and promotional activities, provided such use does not violate applicable privacy laws.
By registering for the auction, the Bidder and Purchaser also consent to receive advertisements and promotional communications from Kiefer Auctioneers and its affiliates via email, mail, phone, or text message. This consent includes, but is not limited to, updates on future auctions, special offers, and marketing campaigns. The Bidder and Purchaser acknowledge and agree that they may opt-out of such promotional communications at any time by following the instructions provided in such communications.
The Bidder and Purchaser remain solely responsible for any charges or fees associated with receiving communications on their devices or services.
Additional Terms:
The Auctioneer reserves the right to add Auction Items to the sale at any time. In the event of an emergency, unforeseen circumstances, or for any other reason deemed necessary, the Auctioneer further reserves the right, in its reasonable discretion, to withdraw any Auction Item from the sale prior to the Auctioneer declaring it “Sold.”
All information provided on the auction website, in brochures, advertisements, or other promotional materials is for general informational purposes only and is not warranted or guaranteed to be accurate, complete, or current. The Auctioneer makes no representations or warranties, express or implied, as to the accuracy of such information, and the Purchaser acknowledges that they are relying solely on their own inspection and due diligence when bidding.
Assumption of Risk; Waiver of Liability; Indemnity; No Sale:
The Purchaser acknowledges and accepts full responsibility and liability for the possession, use, maintenance, transport, or disposition of each Auction Item purchased. To the fullest extent permitted by Texas law, the Purchaser hereby assumes all risks associated with the ownership, use, or transfer of any Auction Item.
The Purchaser further agrees to release, waive, discharge, and covenant not to sue the Auctioneer, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, and other representatives (collectively, the “Released Persons”) from any and all claims, liabilities, damages, losses, or injuries, whether known or unknown, except those arising from gross negligence or willful misconduct, relating to or arising out of the ownership, possession, use, transport, or disposition of any Auction Item, including, without limitation, claims for personal injury, property damage, or consequential losses.
The Purchaser also agrees to indemnify, defend, and hold harmless the Auctioneer and its affiliates, subsidiaries, officers, directors, employees, agents, contractors, and representatives (collectively, the “Indemnified Persons”) from and against any and all costs, expenses, damages, liabilities, losses, and claims, including reasonable attorneys’ fees, arising out of or related to:
(i) the loading, transportation, maintenance, repair, use, or disposal of the Auction Items; or
(ii) the enforcement of this indemnity provision.
No Sale Fee & Administrative Fee:
The Auctioneer reserves the right, in its sole discretion, to declare an Auction Item a “No Sale” in the event of, including but not limited to: non-payment, chargeback, title defect, failure to complete required transfer documentation, clerical or human error, seller withdrawal, legal compliance issues, or purchaser default.
In the event an item is declared a No Sale due to Purchaser default, the Purchaser agrees to pay a twenty-five percent (25%) administrative and liquidated damages fee. The parties acknowledge that this fee represents a reasonable estimate of the Auctioneer’s actual damages, including but not limited to marketing costs, platform fees, administrative time, lost bidding momentum, and resale risk, and is not a penalty.
This fee is non-refundable and shall be immediately due and payable.
Liability for Injury or Damage:
To the fullest extent permitted by Texas law, the Bidder and Purchaser agree to indemnify, defend, and hold harmless Kiefer Auctioneers, the Seller, and the Owner(s) of the Event Property, as well as their respective officers, agents, employees, affiliates, and contractors (collectively, the “Indemnified Parties”), from and against any and all claims, damages, injuries, losses, or liabilities, including reasonable attorneys’ fees and costs, arising out of or related to:
Personal injury, property damage, or any other harm caused by the Bidder, Purchaser, or their agents, guests, employees, contractors, or representatives; and
Activities involving the removal, transport, or handling of Auction Items, whether occurring prior to, during, or after the auction.
This indemnity shall not apply to claims arising from the gross negligence or willful misconduct of the Indemnified Parties.
Governing Law, Venue, Jurisdiction and Waiver of Class Actions:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the auction, or any Auction Item shall be resolved exclusively in the state courts of Denton County, Texas. The Bidder and Purchaser irrevocably submit to the personal jurisdiction and exclusive venue of such courts and waive any objection based on improper venue or forum non conveniens.
The Bidder and Purchaser further agree that:
Any claim they bring shall be litigated individually and not as part of a class action or consolidated proceeding; and
In the event a Bidder or Purchaser files an action in any jurisdiction other than Denton County, Texas, contrary to this venue provision, the prevailing party shall be entitled to recover all reasonable legal fees, costs, and expenses, including attorney’s fees, incurred in enforcing this provision.
Should the Auctioneer prevail in any legal action arising out of or related to these Terms and Conditions, the Bidder or Purchaser shall reimburse the Auctioneer for all reasonable legal fees, court costs, collection costs, and any other expenses incurred in connection with such action, to the fullest extent permitted by Texas law.
Entire Agreement:
These Terms and Conditions constitute the entire agreement between the parties with respect to the auction and supersede all prior or contemporaneous agreements, understandings, representations, warranties, or communications, whether written, oral, or implied, relating to the auction or any Auction Items. No statements, promises, or inducements made by any party or its agents that are not contained herein shall be valid or binding.
Contact Information:
For any inquiries or clarifications regarding these Terms and Conditions, please contact the Auctioneer at the following:
Cory Kiefer
Phone: (903) 821-8717
Email: info@kieferauctions.com
TX LC#16155
Jacee Kiefer
Phone: (940) 391-9111
Email: info@kieferauctions.com
){kind=link}