Terms & Conditions of Sale Albert Peterson Guns of 11338 Reading Rd Sharonville, OH 45241 (513)563-2781 By bidding in Albert Peterson Gun’s auctions online, you agree to be bound by the terms and conditions stated here forth by Albert Peterson Guns. Addendum statements made day of auction take precedence over previously printed materials. The validity and interpretation of any of the terms and provisions of this agreement or of the rights and duties of the parties under this agreement shall be governed by the laws of the state of Ohio and venue of all proceedings shall occur in Hamilton County, Ohio. 1. Bidding Qualifications a. Following the auction, the successful bidders are notified and payment arrangements are made; applicable buyer’s premium applies. At its discretion, Albert Peterson Guns may also accept bids from approved internet bidders. Albert Peterson Guns or any of its staff shall not be held responsible or liable for any human or technical bidding errors, or internet bidding system shutdowns that may occur. 2. Albert Peterson Guns Online Only Bidding a. Albert Peterson Guns uses the services of a third-party auction platform for online bidding. Please refer to third party website for how to register and bid online. Buyer is responsible for all online bidding. Albert Peterson Guns cannot place bids for the buyer as the buyer must properly register and bid through the third-party platform. At its discretion, Albert Peterson Guns may also accept bids from approved internet bidders. Albert Peterson Guns or any of its staff shall not be held responsible or liable for any human or technical bidding errors, or internet bidding system shutdowns that may occur. 3. Absentee Bidding & Phone bidding will not be accepted. These are online only auctions. 4. Sales Tax a. Applicable sales tax will be added to the sales total unless a tax-exempt number is on file in our office by the day of the auction. b. All purchases are subject to Hamilton County, Ohio 7% sales tax under South Dakota vs. Wayfair Supreme Court Ruling as of January 1, 2020. 5. Applicable Buyer's Premium will be added to each purchase. 6. All successful bid(s) requested to be shipped to the buyer will be sent by an in-house or third-party shipper and billed by the shipper. 7. Albert Peterson Guns will make all shipping arrangements. Buyers will be responsible for getting the federal firearms license of their choice to send a valid, signed copy of their dealer’s FFL for firearm shipments. 8. Merchandise will be removed and shipped as quick as possible by Albert Peterson Guns to the buyer or buyer’s FFL dealer. Shipping times will vary due to receipt of the dealer’s license and time circumstances. 9. Storage fees a. Any items left at Albert Peterson Guns property for more than two weeks, without receipt of the buyer’s dealer’s FFL, following the auction date will incur storage fees at a rate of $30.00 per lot, per week regardless of the size or value of the lot. Storage fees will begin on the 15th day regardless of payment status. 10. Albert Peterson Guns will not be held responsible for error or failure to execute the bid. 11. All items are sold as is without warranty or guarantee. 12. Bidding Increments a. Online bidding increments may vary, see each auction for details. $2.50 until $49 is reached $5 until $249 is reached $10 until $499 is reached $25 until 2499 is reached $50 until $4999 is reached $100 until $9999 is reached $250 until $19,999 is reached $500 until $29,999 is reached $1000 until $49,999 is reached $2,500 until $74,999 is reached $5,000 for any dollar amount over. b. Buyer's Premium, Sales Tax & Payment Applicable buyer's premium is applied per auction. The hammer price, buyer's premium and sales tax shall be added together to reach the total purchase price for an item. Ohio residents pay 7% sales tax unless a Tax-Exempt Form is on file. 13. Acceptable forms of payments are Visa, MasterCard, Discover, American Express, wire transfer, money order, cash and check. 14. Payments or notification of intention of payment is due within 48 hours upon purchase and before exiting the facility. Returned checks will be assessed a $50 charge for insufficient funds. All items under $1000 will be automatically billed through the registered credit card. Items over $1001 will not be automatically billed if notified of intent to pay within 48 hours. 15. Successful online bidders will be assessed a 20% surcharge. This charge offsets the fee collected by the third-party platform. For more information regarding this charge please see third party website for terms. 16. Pick-Up, Shipping & Storage Fees Customer Responsibility Check List a. Payment b. Pickup or Shipping Scheduling/Arrangements c. Review Terms 17. Albert Peterson Guns offers onsite shipping subject to limitations. a. Shipping, handling and insurance fees are additional to the total purchase price. b. Fees must be paid in advance by credit card. Albert Peterson Guns will send an invoice for shipping separate. c. If you choose to ship your item, YOU ARE RESPONSIBLE FOR MAKING SHIPPING ARRANGEMENTS with the Federally licensed dealer of your choice. d. For non-firearm items, packaging fees of $5 and up per lot will be applied to the total cost depending on the size of the item(s) in the lot. For example a pocket knife will have $5 added to the shipping cost. A large picture might have $50 added due to packing differences and shipping arrangements. e. Shipping on all items will be the exact cost USPS charges for the shipment with replacement insurance value, handling fee for boxing, and processing. f. ALL LOTS ARE SHIPPING REQUIRING A SIGNATURE DELIVERY FROM THE BUYER. NO ACCEPTIONS. 18. On Site Pick Up a. All lots must be removed from the premises of Albert Peterson Guns no later than 14 days after an auction for items not being shipped. b. If you choose to pick-up your lots at Albert Peterson Guns, our regular hours are Monday – Saturday 10:00AM – 6:00PM. Please call 24 hours in advance to schedule a pick-up time. Packing materials are the responsibility of the purchaser. 19. Unpaid items still remaining at our auction center 30 calendar days after the auction date will be considered abandoned and will be consigned to a future auction without additional notice to the purchaser. 20. For non-firearm auctions, please contact Albert Peterson Guns to request pick up. While we try to provide shipping for most items that our auctions offer, some items are large, heavy, or more fragile in nature and will need to be shipped by a third party. a. In addition, Albert Peterson Guns does not have an export license so all international shipments valued at $2,500.00 or higher, including hammer price and buyer’s premium, must be shipped by a third-party shipper. Call or email to make shipping arrangements with the recommended shippers below or select your own: i. Albert Peterson Guns Shipping Department albertpetersongunpawn@gmail.com or (513)563-2781 b. Albert Peterson Guns is not responsible for any damage or loss that occurs via a third-party shipper. Albert Peterson Guns may refuse shipping an item due to the size, weight, and fragile nature of certain items. We do not offer in-house shipping for: framed canvas paintings, glassware, statues/figurines made of glass, porcelain, or other breakable materials. We understand for some items there may be exceptions, however it is at the discretion of the shipping department to determine which items can be shipped and which items will require third-party shipping. Please inquire about international shipments. 21. Warranty & Condition a. All announcements made on auction day shall take precedence over previously distributed information, print or electronic media. All items are sold 'AS-IS, where-is' with no warranty expressed or implied. Descriptions are believed to be accurate but not guaranteed. Please bid accordingly if you are uncertain of the condition or use of an item. Statements by Albert Peterson Guns regarding the condition of objects are for guidance only and should not be relied upon as statements of fact, and do not constitute a representation or assumption of liability by Albert Peterson Guns. Photographs may also be used to represent condition of an item. While every effort is made to determine provenance, authenticity and condition, it is the responsibility of the Bidder to arrive at their own conclusion prior to bidding. Provenance and authenticity including attributions are guaranteed by neither the consignor nor Albert Peterson Guns. Albert Peterson Guns strongly encourages bidders to personally inspect all lots. The Bidder should also review online descriptions, listings and/or catalogs to obtain necessary information. Bidders may contact Albert Peterson Guns for a condition report albertpetersongunpawn@gmail.com. Albert Peterson Guns will attempt to furnish one, but shall not be liable for failing to do so. All auction inquiries must be received a minimum of 48 hours prior to the start of the auction. 22. Estimates a. Item estimates provided in print or electronic media are not a representation or a prediction of the hammer price that will be realized at auction, which may be substantially different from our original estimates. We shall not be liable for any discrepancies between our estimates and a price realized. Any appraisal, estimate or opinion expressed by any principal or employee of Albert Peterson Guns , consultant to Albert Peterson Guns , or other person with respect to the anticipated auction price of any item or merchandise is a statement of opinion only and Albert Peterson Guns makes no guarantee, warranty or agreement with respect to the sale price of any item. b. Artwork Authorship & Authenticity General i. We will get as close to the true date as possible from research. Period correctness could vary depending on the source of the information. We will not guarantee it to be 100% accurate but in a general era. ii. Measurements are given within 1' of actual size. iii. Measurements are given height before width. iv. Albert Peterson Guns is not responsible for color variations in print and electronic media. v. Albert Peterson Guns is not responsible for typos in print and electronic media. 23. Terms & Conditions may change frequently and without notice. Latest version of Terms & Conditions will always supersede any previous printed or online statements. 24. Authorship a. Name of Artist- Indicates that the work, in our best judgment, is by the named artist. b. Attributed to- In our best judgment, the work may be by the artist. c. Circle of- In our best judgment, a work of the period of the artist and closely related to the artist's style. d. School of- In our best judgment, a work by a pupil or follower of the artist. e. After- In our best judgment, a copy of the known work of the artist. f. In the Manner of- This painting represents the style of the named artist but was painted at a later date; the authorship is unknown. g. Authenticity Signature- The signature, inscriptions and dates are transcribed in print as they appear and are noted in the listing of location and marking. These are written as being interpreted by Albert Peterson Guns and may no be exactly as written. h. If we state 'signed' in our opinion, the signature is of the named artist. i. If we state 'bears signature' in our opinion, the signature might be that of the artist, but we make no guarantee that the work is by the named artist. 25. Clocks and Watches a. Due to the sensitive and mechanical nature of clocks and watches, we do not guarantee them to be in proper running or proper working condition. If the listing is stated as “running” or “working” this means the watch or clock functions and turns but it may not mean its timed or in sync and might need cleaning or service to function properly. 26. Firearms a. Albert Peterson Guns is a Licensed Federal Firearms Dealer (FFL) located in southwest Ohio. Whether you are buying or selling firearms at Albert Peterson Guns you will be assured that your firearms have been processed according to the rigorous regulations established by the Federal Government. It is recommended that all Firearms be checked by a competent gunsmith before firing to ensure safe usage. b. All firearms are sold in accordance with Federal and Ohio State Laws. i. All post 1898 (Modern) firearms must be processed in compliance with Federal and State Law. ii. Purchasers of Modern firearms who are Ohio residents must complete state and federal registration forms at Albert Peterson Guns, 11338 Reading Rd. Sharonville, OH 45241, or provide a signed copy of a Federal Firearms License from a dealer that your purchase can be shipped to. iii. FFL Dealers and out-of-state buyers must have in their possession on the day of sale, signed copies of their Federal Firearms License in order to accept same-day delivery of modern firearms. iv. Buyers who act as agents for FFL dealers must have a letter of agency or Articles of Organization, as well as a signed copy of the dealers Federal Firearms License (FFL). v. Internet bidders who are out-of-state buyers and FFL dealers must email or fax a current FFL license within 7 business days of the close of the sale to Albert Peterson Guns at 513-620-8307 or albertpetersongunpawn@gmail.com with reference to the firearm, item lot number and buyers name for identification purpose. If this is not done, this will delay the shipment and Albert Peterson Guns will not contact or track anyone down for the information until the rest of the firearms have shipped. vi. Curio & Relic FFL licenses will be accepted on auction lots indicated in the description “C&R Ok” or firearms that are listed as being 50 years from today’s date or older. c. Specific State Restrictions i. Auctions may contain many firearms and items that are non-compliant or allowed in certain States. Albert Peterson Guns will not ship or sell any of these items that are prohibited in any State. There will be no refund for a buyer trying to purchase restricted items by their state laws and will forfeit the lot. It will be resold in the next auction and the buyer will be given the sale price minus the consignment fee without question or permission. We are aware of these Sates and their Laws and it is the duty of each potential bidder to make sure they are allowed to own this legally in their respective States. ii. Albert Peterson Guns will not convert, modify or make any firearm compliant to meet a certain State's requirements. iii. Listed here are state laws restricting the sale of certain high-capacity magazines. These are STATE laws, sometimes there are COUNTY or CITY laws with stricter restrictions. It is your responsibility to be or become familiar with local gun laws. iv. California: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in California or anyone using a billing address in the state of California. v. D.C.: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in the District of Columbia or anyone using a billing address for the District of Columbia. vi. Hawaii: We do not ship, sell, or offer for sale any magazines over 10 rounds that may fit a handgun to anyone in Hawaii or anyone using a billing address in the state of Hawaii. vii. Illinois: We do not ship, sell, or offer for sale any magazines over 12 rounds to anyone in Chicago, IL or anyone using a billing address in Chicago, IL. We do not ship, sell, or offer for sale any magazines over 15 rounds to anyone in Aurora, IL or anyone using a billing address in Aurora, IL. viii. Maryland: We do not ship, sell, or offer for sale any magazines over 20 rounds to anyone in Maryland or anyone using a billing address in the state of Maryland. ix. Massachusetts: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in Massachusetts or anyone using a billing address in the state of Massachusetts. x. New Jersey: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in New Jersey or anyone using a billing address in the state of New Jersey. xi. New York: We do not ship, sell, or offer for sale any magazines over 10 rounds to anyone in New York or anyone using a billing address in the state of New York. xii. Any firearms sold containing prohibited magazines as mentioned above will be shipped less the banned magazine, no refunds will be offered. xiii. Purchasers may inspect the merchandise and are urged to do so. The Auctioneer makes no warranty as to condition and shall not be responsible for any defects in any Lot. xiv. Any used firearm should be inspected by a competent gunsmith for safety, function, and proper ammunition type/size before attempting to fire. Any description of mechanical function or condition does NOT mean the gun has been inspected or tested for firing capabilities. All goods are exposed for Public Exhibition and for Internet buyer's, condition is described in the listings. d. Firearm Shipping i. Shipping, handling, registration and insurance fees are additional to the total purchase price. ii. Fees must be paid in advance by credit card before items are shipped. Because Albert Peterson Guns is FFL approved, all shipping, packing and insurance are handled by Albert Peterson Guns. iii. Packing fee of $25 for the first long gun iv. $15 for each additional long gun v. $15 for the first handgun vi. $10 fee for each additional handgun vii. UPS or USPS shipping and insurance fees will then be applied to each item. To economize we will pack multiple items of similar size and type together if possible. viii. Other items will have a $5.00 Per item packing fee (scopes, ammo, magazines.) ix. All items will be shipped UPS-ground or USPS priority or required overnight parcel for handguns. x. Insurance is based off the charge from USPS or UPS. xi. We will ship to Hawaii and Alaska. xii. Any winning bidder wanting to ship a firearm or firearms outside of the continental United States must make arrangements with an FFL Importer/Exporter. The bidder is responsible for all shipping costs related to Albert Peterson Guns requirements as stated above to the Importer/Exporter, and all costs in accordance with the Importer/Exporter in shipping the firearm(s) to said bidder. xiii. Questions regarding shipping, handling and insurance costs or tracking of your package, please contact our shipping department at: Albert Peterson Guns (513)563-2781 or albertpetersongunpawn@gmail.com Please allow 2 weeks for shipping from receipt of payment and FFL. 27. Albert Peterson Guns Online Auctions a. Albert Peterson Guns conducts auctions at various different onsite locations through online only timed auctions. The terms and conditions mentioned herein apply to these auctions along with the requirements below regarding merchandise pick-up. Designated pick-up times are established for customers to remove their purchased items. Schedule a pick-up time by calling Albert at (513)563-2781. NO REFUNDS will be given on purchased items that are not picked up during the designated pick-up time. b. We will not deliver any items. 28. Limitations of Liability a. Albert Peterson Guns is not liable for any breach or default by the consignor of a Lot. b. Albert Peterson Guns may withdraw any item before the sale if there is doubt as to the authenticity, title, or laws restricting the sale of the item or the accuracy of the Consignor's representations. c. Governing Law i. Ohio State Law prohibits any owner from bidding on their own merchandise to enhance the value. “Bidding in” or bidding on behalf of the Consignor shall be grounds for discontinuation of the auction and a claim for any resulting damages including, but not limited to, a reasonable amount for lost commissions. ii. Albert Peterson Guns logo(s), content and photography are copyright materials that may not be copied, used or duplicated without the written consent of Albert Peterson Guns, 11338 Reading Rd Sharonville, OH 45241. 29. Items that are purchased, that do not meet the buyer’s State, county or country laws and requirements, will be resold at a consignment rate of 13% seller’s premium in the next auction. Payment will be sent to the original purchaser after the auction has ended and the new buyer has paid in full.