Special Terms
By participating in this auction, the bidder agrees to the following terms and conditions: 1. Disclaimer: All lots sell as is, where is, with all faults. Alan Frenkel Auction & Realty and the sellers do not give or make any type of guarantee or warranty regarding the lots to be sold, implied or otherwise. Alan Frenkel Auction & Realty is not responsible for incorrect listing information, if any. Alan Frenkel Auction & Realty has attempted to provide accurate descriptions of all items; however, it is the bidder's responsibility to determine the condition and suitability of each lot from the picture(s) provided or by personal inspection. Printed statements or descriptions by Alan Frenkel Auction & Realty staff are provided in good faith and are matters of opinion. 2. No Reserves: Each lot will sell to the highest bidder without reserve. 3. No Returns or Bid Retractions: All sales are final. There are no returns, refunds, bid retractions or adjustments. Bidders are cautioned to review their bid prior to pressing the “Confirm Bid” button or raising their paddle and submitting a bid. 4. Buyer's Premium: A buyer's premium of 15% of the high bid will be added to the high bid to determine the final sales price for the auction lot. 5. Sales Tax: Brevard County, Florida sales tax of 7% will be added to the final selling price of all auction items. For the items on which sales tax is applicable, the sales tax applies to all purchases by all non tax exempt bidders. To qualify as tax exempt status, prior to bidding the bidder must fax or email to Alan Frenkel Auction & Realty a current and active Tax Exemption Certificate along with your bidder number. (fax: 888-228-5850 or email: Alan@AlanFrenkel.com) 6. Payment: Payment in full is due at the conclusion of the auction and will be charged to the bidder’s credit card provided at the time of registration. 7. Merchandise becomes the full responsibility of the buyer at time of payment and the buyer assumes all risk of loss and damage to the property purchased at that time. Alan Frenkel Auction & Realty reserves the right to resell any property not paid for in full as required or picked up by the conclusion of the stated pickup period. In any such event, the bidder is responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property. 8. Inspection: Inspection will be on Saturday, January 27th from 9-11 AM or by viewing item photos posted online. Please bid accordingly. 9. Pickup: All items must be picked up on Friday, February 2nd, from 10AM to 3PM. Bidders are responsible for rigging, loading, and moving all items purchased, without assistance from Alan Frenkel Auction & Realty. Buyers are responsible for any damages to the premises occurring at removal of their purchase(s). All items must be picked up no later than the times specified. Any items not removed by this time will be considered abandoned property. Alan Frenkel Auction & Realty reserves the right to resell the items and retain all sales proceeds as payment for accumulated, unpaid storage and handling. 10. Shipping: Shipping for this auction will NOT be provided by Alan Frenkel Auction & Realty. Shipping is the sole responsibility of the buyer, please contact the following shippers or a shipper of your choosing for pricing and to arrange shipping. The shippers are: Wrap N Pack, Wayne Luce, 981 E Eau Galle Blvd, Suite E, Melbourne, FL 32937, 321-779.2839, Wrapnpack90@gmail.com ; The UPS Store, 7777 N Wickham Rd, Suite 12, Melbourne, FL 32940, 321-636-5000 store2448@theupsstore.com ; and Craters and Freighters 407-854-0404 www.cratersandfreighters.com. 11. Outbid Notification: Until the auction begins to close, the bidding software will notify bidders by email when they have been outbid. After that, bidders may find out if they have been outbid by clicking the “Review Bids” button at the bottom of each page. Items the bidder is not winning will be marked with a red indicator. 12. Debt Collection and Interest Charges: The bidder agrees to pay all reasonable attorney fees and other costs incurred by Alan Frenkel Auction & Realty in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Alan Frenkel Auction & Realty. Any debt collection or dispute proceedings will be heard in Orange County, Florida. 13. Guaranty Agreement: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Alan Frenkel Auction & Realty of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney’s fee. 14. Limitation of Liability: If, for any reason, Alan Frenkel Auction & Realty is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase, the sole liability of Alan Frenkel Auction & Realty, if any, shall be the return of monies paid in respect of such Purchase upon its return by Purchaser. 15. Age Requirement: All bidders must be 18 years of age or older. 16. Bidder Information and Security: All registration information the bidder provides to Alan Frenkel Auction & Realty shall be current, complete, and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords. The security of bidder information is the responsibility of the bidder. Bidders must notify Alan Frenkel Auction & Realty if they believe that their bidder number and password have been compromised. 17. Auctioneer is providing Internet pre-auction and online, live bidding as a service to the bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall bidder have any claim against Auctioneer or the Seller.
18. GUN purchase terms:
• All buyers will pay for their firearm(s) and all fees/premiums onsite. Their purchased guns will be received by Freedom Guns at the auction and transported to their office located at 1255 Florida Ave South, Rockledge, FL 32955.
• All buyers shall pay Freedom Guns a $30 transfer fee at the Freedom Guns office in Rockledge or by credit card for online buyers.
• All buyers shall complete the ATF Form 4473 at the Freedom Guns office or by coordination with online buyer’s chosen FFL dealer.
• Freedom Guns will take the firearm back to their store as the ATF only allows them to physically transfer firearms at their licensed premises or a gun show.
• Freedom Guns will run a background check at their store for each buyer.
If the firearm is a rifle or shotgun, or if the buyer has a Florida concealed weapons permit, buyer can take immediate possession of it at Freedom Guns store (presuming they passed the background of course).
• If the 3-day waiting period applies, buyers can pick up the handgun on the Wednesday following the auction (presuming they passed the background of course)
• If buyer fails the background check, Freedom Guns will hold the firearm in our safe while buyer seeks to get whatever the problem is corrected. Freedom Guns will charge a $1/firearm/day storage fee to store the firearm(s) while buyer tries to get the problem fixed. After 30 days, Freedom Guns will contact buyer for payment of the storage fee; if the fee is paid, Freedom Guns will hold it for another 30 days before contacting buyer for payment of the previous 30-day storage fee. At any point where buyer is 30 days in arrears for storage payment (30 days since Freedom Guns sought payment), the firearm(s) will be considered abandoned and returned to the Sellers and become the property of the estate.
19. Taxidermy purchase terms: Some local/state/country(s) have restrictions on the sale of certain taxidermy mounts. Buyer is responsible for knowing local/state/country regulations in their area for owning or selling taxidermy. Check with your local/state/federal laws for restrictions before purchasing.
Owner Information: The Estates of Harry M. and Maureen B. Morley.
Subject to announcements made at auction!
