Standard Auction Terms and Conditions - ALL Auction Day Announcements Take Precedent 1) This is a LIVE & ONLINE Auction. ALL online bidding terms will supercede any live bidding terms listed below and any live bidding terms that are not applicable will not apply at auction companies sole discretion. 2) Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers is providing Internet bidding as a service to 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 kind of claim against Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers or anyone else if the Internet service / bidding fails to work correctly before or during the auction. Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers will not be responsible for any missed bids from any source. Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers reserves the right to withdraw or re-catalog items in this auction prior to the end of this auction. 3) It is the responsibility of the bidder to read all auction information prior to bidding. By registering, the bidder has agreed to all conditions including, but not limited to, Auctionflex Terms and Conditions, Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers Terms and Conditions, Shipping and Removal Instructions, Payment Terms and Instructions set for this auction. Additional Terms and conditions may be in catalog or on bidder cards or announced at the auction. 4) The auctioneer reserves the right to group one or more lots into one or more selling lots, or to add to or delete lots at his sole discretion. The auctioneer reserves the right to reject any bid which is only a fractional advance over the proceeding bid. The auctioneer or the owner may bid for one or more lots, either in their own names or through a representative or an agent to protect their interest. Per the Uniform Commercial Code, all lots are sold with reserve unless specifically listed as sold "absolute" or without reserve. All people present or online may bid and purchase at this auction, including the auctioneer and any of his staff and any of their family as well as any consignor and their family or employees, current or former. The auctioneer may change any or all terms and conditions prior to the close of this auction by merely posting such change in these terms and conditions or verbally announcing the changes at the live auction. Bidders should rereview terms and conditions before close of sale. 5) All assets or any assortment thereof may be offered for sale as an entirety as well as in piecemeal lots. The Auction Company will compare the entirety bid against all of the piecemeal bids. The method, or combination of methods, which best serves the interest of the seller, will be the manner in which the assets will be considered sold. This determination will be made shortly after the closing of the bidding 6) The bidding for the online prebidding auction works like absentee bidding. You bid the maximum amount that you are willing to pay for an item, and the computer will enter bids on your behalf up to your maximum amount. The online bids and bidders will then be brought into the live auction as absentee bids. 8) All items are sold “as is, where is” without warranty or guarantee, either expressed or implied by the seller or the auctioneer. Item descriptions and conditions have been derived from sources believed to be correct, however they are not guaranteed by the seller or the auctioneer. Personal on site inspection is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid. DO NOT RELY on Catalog photos or discriptions for bidding-They are NOT Guaranteed accurate. This Catalog is meant merely as a guide and ALL Descriptions are for visualization purposes only and are not guaranteed to be accurate. We DO NOT GUARANTEE or WARRANT the Accuracy, genuineness, authenticity, description, weight, count or measure, or condition of any of the lots specified herein. Bidders should inspect ALL Items to determine themselves the Accuracy, genuineness, authenticity, description, weight, count or measure, or condition of any of the lots specified herein prior to bidding. ALL SALES ARE FINAL & WHERE IS AS IS without warranty expressed or implied. ALL MEASUREMENTS ARE APPROXIMATE WHERE LISTED AND ARE DEFINITELY NOT EXACT!!!!! 8a) Unless a specific coin grading company is listed on a coin lot, ALL coins are graded and described by consignors. These grades have not been inspected, confirmed, or endorsed by Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers NOR are they guaranteed. All bidders should inspect and grade EACH coin themselves prior to bidding as grading is subjective and can vary greatly. Do not rely on ANY listed grading alone for YOUR determination of value. 9) Bidders who bid from off site and do not attend the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the bidder’s responsibility to determine condition, age, genuineness, value, or any other determinative factor. While the Auctioneers make every effort to be accurate and while descriptions are believed to be correct, the Auctioneers and the Owners make no warranties or guarantees expressed or implied, as to the genuineness, authenticity of, or defect in any lot and will not be held responsible for accuracy of lot descriptions, written or verbal. Everything sold “AS IS” and “WHERE IS” without exception. The buyer must rely on their own inspection of the items being offered. No warranties are made as to the merchantability of any items or their fitness for any purpose. 10) Safety Devices: It is the buyer’s responsibility to secure and use all safety equipment to meet all applicable government safety standards or any common sense standards for using or removing items purchased. Auctioneer nor seller warrant or guarantee that any or all required or necessary safety items, equipment etc. are with any lot or that any lot is currently safe for use as intended or use in any manner and bidders and buyers should avail themselves of such before bidding, buying, removing or using any lot. 11) Indemnification: Purchaser hereby indemnifies and holds harmless auctioneer and sellers from any and all damages including claims of all liabilities relating to condition of, use of or removal of any equipment, or claims or liabilities from injuries to persons or property, of any type whatsoever, caused during the previewing, sale, use or by the removal of items purchased. 12) All transactions are between the buyer and the seller. The auctioneer is acting only as the seller’s agent. 13) A 10% buyers premium will be added to ALL Live Purchases $1 Min per lot and 15% to ALL Online Purchases $5 Min per Invoice 14) Sales tax, property tax and registration fees on any vehicle are the responsibility of the buyer to be paid directly to the appropriate government agency. 15) Texas residents will be responsible for paying state and local sales tax of 6.25% on all purchases unless a signed current tax exemption form is on file before checkout. Buyers should bring their own tax form fully executed if buying tax exempt. 16) All purchases must be paid for by end of auction on auction day and can not be removed until paid for. We accept cash, MC, VISA, AMEX, DISC and checks with proper documentation. Online buyers may be required to fax a state issued id that matches the name on the credit card and shipping address and we will ONLY accept payment by the card on file and registered with. All payments other than cash do require that we receive an approval either from the bank on credit cards or Certigy on checks. We are not responsible if we are unable to get any approvals for you and in the event we do not get approval, that does not waive your responsibility to pay for ALL purchases. ALL online bid winners will be paid for by credit card on file. The credit card number on file will be charged for the full amount of purchases (bid price, plus buyer premium, plus sales tax, if applicable) within 2 hours of the end of the auction. A second charge for shipping and handling will be applied to the card on file when the item is shipped. 17) Bidder agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. 18) Any bidder whose credit card is declined will be charged a $50 processing fee to run an additional credit card or handle a chargeback. 19) All purchases must be paid for, in full, prior to removal of any items from the auction site. In the event the purchaser fails to pay the whole of the purchase within the time set forth by the auctioneers and/or fails to comply with any of the conditions or terms of sale, the seller may retain and/or recover the deposit specified as liquidated damages and, in addition thereto, items that are not paid for can be resold at public or private sale without further notice. The defaulting purchaser shall pay any deficiency resulting from such resale to the auctioneers, together with all charges, fees, and expenses incurred by such resale and enforcement of the obligation hereunder. 20) No item can, on any account, be removed before termination of the sale. Removal shall be at the expense, risk and liability of the purchaser. Auctioneers shall not be responsible for items not removed within the time allowed. If equipment is NOT REMOVED within specified removal time, the auction company, may, at its option, move and store the item at the expense of the buyer, or they may deem the item abandoned and dispose of it in any manner they see fit, at no benefit to the purchaser THIS RULE SHALL NOT HAVE ANY EXCEPTIONS! 21) All LIVE (NOT ONLINE) purchases MUST be removed within 2 hours of end of auction unless prior arrangements have been made and accepted by both auctioneer and consignor. No goods will be released to purchaser until the entire bill is paid for in full. Failure to remove will require that items be removed and stored for the buyer at a fee. That fee will be no less than $25.00 per item and $25.00 per day storage. Once removal and storage fees exceed purchase price of items not picked up, items will become the property of A1 Auctioneers and NO Refunds will be issued. Further, as A1 Auctioneers is an unwilling mover and storer of the buyers items, buyer releases A1 Auctioneers and agrees to hold A1 Auctioneers harmless from any damage that might occur from or during removal and or storage regardless if that removal and storage is deemed unreasonable and unprudent compared with normal moving and storage practices. PICK UP YOUR MERCHANDISE ON TIME!!!!! 21A) Shipping - We ship UPS and USPO ONLY and choice is ours. Anything that will not ship standard UPS rates will not be shipped by us. Anything that is too large to ship standard UPS will be the responsibility of the buyer to arrange and pay for shipping completely. Any Item that requires CRATING in our opinion, will NOT be crated or shipped by us. Our only involvement in shipping items too large for UPS or requiring crating will be ONLY to reasonable meet your freight company with proper notice and appointment. Items we are not responsible for shipping must be removed under the same terms that apply to pickup buyers. 22) Removal and rigging to be at purchaser’s own expense, risk and liability. Any damage to the building, caused by the removal of equipment, or by any other reason, is the responsibility of the buyer. At the time damage is discovered, the buyer shall cease to remove items and shall make arrangements with the building manager/owner to make right the damage and shall present Auction Co. with written proof of repair-acceptance, signed by the building owner or manager, prior to removal or loading recommencing. A certificate of insurance for $1,000,000.00 naming Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers and Seller as additional insured entities must be presented to the Auction Company for all heavy rigging requiring the use of forklifts, cranes, etc., whether performed by the customer or a rigging company. Further purchaser 100% Indemnifies Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers and Seller from any and all claims relating to the removal of any purchases. The auctioneer has the right to reduce or eliminate these requirements at his sole discretion. Additionally the buyer must read and accept "terms of property removal" before any purchases are removed by or for buyer. Attempted removal by buyer or his representative of any purchase is acknowledgement and acceptance of the "terms of property removal" found below. 23) Kenny Frazier - Texas Lic # 13463 Unresolved Complaints or Compliments about this auction or auctioneer may be directed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711 or call 800-803-9202. All licensed Texas auctioneers are covered by a recovery fund administered by the State of Texas. 24) Coin grading is very subjective. Grading is not guaranteed and each buyer should preview and determine grade for themselves before bidding. Any listed grade is only the opinion of the consignor/grader and is not guaranteed!!!!! 24A) NO VERBAL PROMISES - Unless a lot or terms and conditions are changed in the anouncements preceeding the auction or immediately prior to a lots auction and those changes are announced to ALL bidders equally at the same time, there are NO verbal changes or promises made to any single INDIVIDUAL pertaining to ANY lot or terms and conditions, NO EXCEPTIONS! If you claim you have been made any individual promises pertaining to any lot or terms and conditions you must have those promises in writing and signed by an appropriate official of the auction company or your claim will NOT BE HONORED! 25) GUN PURCHASES - LIVE BIDDERS!!! - NO GUN SALES TO ANYONE UNDER 21 - Texas residents must complete NICS check and pick up their gun in person. Bidder/ buyer MUST be same person who picks up gun NO EXCEPTIONS. Guns must be paid for prior to doing NICS check. Should you fail to pass the NICS check, you will be refunded the purchase price less $35 or the buyers premium, whichever is greater, as a paperwork processing fee. BE CERTAIN you are legally eligible to purchase, possess and own a gun before bidding! Texas Residents who choose not to pick up in person, or ALL out of state buyers MUST have their gun shipped to an FFL licensed Gun Dealer. Bidder buyer must send this Gun Dealers info including FFL number in writing along with a signed request that your gun be delivered there. Once your gun is delivered to the FFL you request, it is considered delivered and is now your responsibility to complete NICS check with that dealer. Be aware that most dealers WILL charge you a fee to handle this for you. Please make those arrangements prior to bidding. Once your gun is delivered to the requested FFL, should you fail to pass the NICS check we will NOT accept the gun back or issue any refunds. BE CERTAIN you are legally eligible to purchase, own and possess a firearm before you bid. Terms of Property Removal Following are the terms for removal of all items sold at auction by Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers . All Buyers and those contracted to disassemble, pack, and remove for the Buyers, herein referred to jointly as “Riggers”, and their helpers, who participate in the disassembling, or packing, or removing of any of the auctioned items are required to review, acknowledge, accept and abide by the following terms before commencement of any removal activities: 1. It is the responsibility of all Buyers and their Riggers to carry liability insurance in an amount sufficient to cover any damages to property, real or personal, which is not their own, and which may be damaged as a result of the disassembling, or packing, or removing of auctioned items 2. Should any damage be noted by the Auctioneer’s check out personnel, then the Buyer and/or Rigger herby agree to immediately stop removal and not re commence removal until the Buyer and/or Rigger shall present Auctioneer an agreement between the building owner/manager which expresses that building owner/managers agreement that adequate compensation/restitution/repairs have occurred. 3. Buyer/Rigger take possession of the equipment where it sits, subsequent to the auctioneer saying “Sold”. Removal of items may not occur until the items have been paid in full, as verified by the auctioneers paid receipt, initialed by the clerk and until the completion of the auction. Buyers are advised to protect their purchases from potential damage in any reasonable and non-disruptive manner they may choose, until such time as the purchases may be removed 4. Buyers may not block access to the building driveways. Those blocking such driveways may be towed at their own expense. 5. While Auctioneers will provide such security for check out as it can, it is hereby accepted by both parties that neither Auctioneers nor the secured party are not liable for any missing or damaged purchases nor for equipment and tools left on premises. 6. Theft will not be tolerated, and we reserve the right to inspect all trucks and tool boxes of Riggers. Instances of theft will result in immediate termination of removal privileges and prosecution to the full extent of the law. 7. Riggers must present the original white copy of the customer’s paid invoice to authorized auction personnel prior to removal of any equipment. 8. All purchases must be removed by date announced by auctioneer at sale or as indicated in the catalog and terms and conditions. 9. By virtue of there presence, Riggers accept full responsibility for and agree to exercise all reasonable care to insure that there is no release into the environment of any hazardous wastes or substances as are defined in applicable Federal, State and Local Statutes, Regulations, Rules or Ordinances. The Buyer/Rigger of personal property assets sold by Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers hereby acknowledges that the Assets are sold “AS-IS”, “WHERE-IS”, WITH ALL FAULTS, without representation or warranty of any kind, either express or implied. They hereby indemnify and hold harmless Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers and the secured party and any of its agents, against any loss, costs, damages or expenses arising from the storage-after-sale, disassembly, packing, removal or loading of any of the Assets offered at and sold at auction by Seconds and Surplus Furniture Oulet LLC dba A1 Auctioneers. Special additional proxibid and online bidder terms: These are in addition to all other terms! #1 - All lots with quantity greater than 1 are sold Quantity times the final bid. Example high bid $20 and quantity = 4 would be $20 x 4 = $80 purchase price plus buyers premium, tax etc #2 - Unless prior arrangements are made and accepted in writing all online buyers will have their CC on file charged immediately following the auction. Credit card must match name and address registered and buyer may be required to fax a copy of DL that has matching name and shipping address. All efforts are made to insure their is No fraud. Sometimes this may seem tedious but we hope you understand we are trying to protect you and us and therfore we reserve the right to cancel ANY purchase in which we feel there is not proper documentation to support bidder info which matches CC and shipping addresss. NOTE NOTE NOTE!!!!! All gun purchases that are NOT picked up in person (Meaning we ship to an FFL) MAY AT OUR DISCRETION require that you Mail us a USPO Money Order for total amount including buyers premium and shipping(USPO ONLY - No Other Money Orders accepted) or Wire transfer your payment to us. This policy is for yours, ours and the consignors protection! Please Note That Payment Must be received within 1 week of auction to avoid NON Payment Listing. We RESERVE the right to require USPO Money order payment on any Large Purchase Amount that is not Picked Up In Person. #3 - We DO SHIP for online buyers as long as items will ship standard UPS. Buyers of Oversized items must make their own crate and freight arrangements. We DO NOT crate or arrange oversized freight. Shipping and HANDLING will be charged seperately when cost is known and item is shipped. HANDLING is charged relative to our time and materials to ship. BE AWARE Shipping is a courtesy and that we do NOT make money on shipping BUT shipping and handling is expensive and should be considered before bidding. It will appear as an additional charge to your cc on file. We ship UPS and USPO and we may REQUIRE a signature from registered buyer upon delivery. We Do NOT handle shipping on anything that is too large to ship UPS regular ground or that in our opinion requires crating. Fragile items do get broken in shipping. We require insurance on ALL items but will not be responsible for any refunds for shipping damage beyond what shipper insurance pays and that will only be paid upon our receipt from shipper. If you resceive an item w shipping damage you should contact shipping company directly YOURSELF and file claim. We DO NOT file the claim, YOU MUST DO IT and shipper will come pickup item and inspect it. Oversized items and items requiring crating in our opinion must be handled by your OWN crate and freight people. We will assist within reasonable request in meeting shippers and allowing them to pick up your large items. #4 - GUN PURCHASES - NO GUN SALES TO ANYONE UNDER 21 - Texas residents may make special arrangements to drive in and complete NICS check and pick up their gun in person. Bidder/ buyer MUST be same person who picks up gun NO EXCEPTIONS. Texas Residents who choose not to pick up in person, or ALL out of state buyers MUST have their gun shipped to an FFL licensed Gun Dealer. Bidder buyer must send this Gun Dealers info including FFL number in writing along with a signed request that your gun be delivered there. Once your gun is delivered to the FFL you request, it is considered delivered and is now your responsibility to complete NICS check with that dealer. Be aware that most dealers WILL charge you a fee to handle this for you. Please make those arrangements prior to bidding. Once your gun is delivered to the requested FFL, should you fail to pass the NICS check we will NOT accept the gun back or issue any refunds. BE CERTAIN you are legally eligible to purchase, own and possess a firearm before you bid.