(1). All articles are sold "AS IS, WHERE IS" and with no warranties or guarantees of any type either expressed or implied made by Seller nor its agent, Kruse Fine Firearms and Relics, Inc. (hereinafter called "Kruse"). Any warranties made by the Seller/Owner must be in writing on an instrument separate from the Purchase Invoice & Bill of Sale and signed by both the Bidder/Buyer and Seller/Owner. In no event shall Kruse, the auctioneer or any employee, agent or associate of Kruse be responsible or liable for any such warranties, guarantees or the genuineness or description of any article offered for sale.
(2). All statements printed in Kruse catalogs, ads, brochures, signs and item cards, as well as verbal statements made by the auctioneer or staff or announcements made on the date of sale, have come from the Seller/Owner, and Kruse has not independently verified same. Kruse assumes no responsibility or liability for representations made by any Seller/Owner and shall have no obligation to verify or authenticate such statements or claims. Any announcements made sale day supersede printed information in the catalogs, ads, brochures signs and item cards. BIDDER/BUYER ACKNOWLEDGES BY REGISTERING ONLINE THAT HE/SHE/IT WILL NOT HOLD KRUSE RESPONSIBLE FOR ANY REPRESENTATIONS OR STATEMENTS MADE BY ANYONE BEFORE, DURING OR AFTER THE SALE ABOUT THE ITEMS BEING SOLD.
(3). Payment of any current or past due funds due from Bidder/Buyer on any other transaction may, at Kruse’s discretion, be withheld from Bidder/Buyer and applied to other purchase[s] made by Bidder/Buyer. All payments must be made with a valid Visa, MasterCard, or Discover. Online registration shall constitute written permission for Kruse to obtain a credit report on Bidder/Buyer. No article can be removed from the premises before making settlement.
(4). Unless agreed otherwise in writing by Bidder/Buyer and Kruse, all articles shall be removed from the sale area by the Bidder/Buyer at Bidder/Buyer’s expense within 2 days of the sale, and if not so removed, Kruse may remove the article with all costs of moving and storage to be paid by the Bidder/Buyer. Bidder/Buyer agrees that Kruse has no liability for loss or damage to items left with Kruse at any place of auction and that Bidder/Buyer shall maintain insurance to cover any items purchased at the sale.
(5). If any of the terms of sale contained herein, or in any instrument collateral hereto, are not complied with by the Bidder/Buyer, in addition to other remedies available by law to Kruse and/or the Seller/Owner (including the right to hold the purchaser liable for the bid price), Kruse and/or the Seller/Owner, at its option, may do either of the following: (a) Cancel the sale and retain as liquidated damages all payments made by Bidder/Buyer, or (b) resell the article on 5 days written notice to the Bidder/Buyer at a private or public sale for the account of and at the risk of the Bidder/Buyer, and in any such event the Bidder/Buyer shall be liable for any deficiency plus all costs for such reselling, including moving and storage and the entry fees and commissions for both the fist and second sale and all reasonable attorney fees and court costs incurred.
(6). All terms of sale posted on the auction premises, printed in sale brochures, forms, signs, publicly announced, or otherwise published are incorporated herein by reference.
(7). If any payment is dishonored for any reason, including but not limited to, insufficient funds, stop payment or the like, Bidder/Buyer agrees, whether such payment is signed by Bidder/Buyer as maker or endorser, that if such payment is placed in the hands of an attorney for collection, to pay all reasonable attorney’s fees incurred, together with all court costs and associated expenses in the event suit is instituted.
(8). Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller/Owner. When an article is sold with reserve, the auctioneer may bid on the Seller/Owner’s behalf in an amount not to exceed the reserve price.
(9). Bidder/Buyer hereby irrevocably agrees and assents to the jurisdiction of the courts of DeKalb County and the State of Indiana in any claim or complaint or lawsuit against Kruse or any of its employees or independent contractors. If Bidder/Buyer sues Kruse and does not prevail, Bidder/Buyer will reimburse Kruse for all reasonable legal fees and expenses connected with such suit. Bidder/Buyer hereby agrees that the laws of the State of Indiana will govern and control in any lawsuits or court actions that Bidder/Buyer or anyone else may institute against Kruse.
(10). Bidder/Buyer shall pay all city and state sales, use and other taxes assessed, due to or resulting from the Bidder/Buyer’s failure to qualify as exempt from such taxes. Bidder/Buyer also agrees to pay the Buyer’s Premium and any other applicable fees.
(11). Bidder/Buyer agrees that its purchase of an item shall be based relying entirely upon Bidder/Buyer’s own examination thereof. Bidder/Buyer acknowledges that all sales are final and "AS IS WHERE IS" without warranty of item history, condition, title, options, specifications, fitness for a particular purpose, and or merchantability unless otherwise agreed to in writing on a separate document and signed by an officer of Kruse. Bidder/Buyer accepts full responsibility and sole liability for the items purchased as of the fall of the hammer and agrees to reimburse Kruse and/or the Seller/Owner for any expenses resulting from moving, storing, and otherwise handling such item and assumes full responsibility and sole liability with respect to such item prior to release thereof to Bidder/Buyer and removal by Bidder/Buyer from the auction premises.
(12). The auction will move quickly and Kruse is not liable for missed Internet bids. There is no guarantee that the item will not sell to a live bidder for less than your last entered bid due to Internet traffic and other uncontrollable delays.
(13). Bidder/Buyer is advised to attend the auction in person to reduce the risk of missed bids, power outages, internet connectivity and other possible technology issues. Live auction bidders will receive preferential treatment for tie bids. All winning bids will be confirmed directly by Kruse. Notifications received through the Proxibid system will not be final or binding until confirmed by Kruse. More items will be offered on-site than will be offered on-line.
(14). All lots sold online are subject to 17% buyer's premium.
(15). Shipping service will be available for a fee. The first items to be shipped will not be sent out until five days after the auction. Shipping fees are paid direct to the shipping company as a second payment. Payment for the item(s) and buyer premium must be made direct to Kruse before shipping and packing begins.
(17). Buyer agrees to hold Kruse harmless from any liability arising out of the packaging and/or shipping. All items will be shipped with Insurance, paid in advance by purchaser. Any Insurance claims must be forwarded to the carrier, and Kruse has no responsibility for the item(s) once off of Kruse premises.
(18). ALL out-of-state buyers must provide Kruse with a copy of a Federal Firearms License from a dealer within their respective state that said dealer agrees, in writing, to take shipment of their purchased firearms. Whatever fees incurred as a direct result of this process are the buyer’s sole responsibility.
(19). NICS background checks will be performed on all firearms manufactured after 1898. Bidder/Buyer is responsible for payment of purchased items regardless of NICS status and result. In the event of a delayed or denied NICS response, the purchaser has 45 days to remedy the situation. If the situation is not remedied within 45 days of close of auction, Kruse reserves the right to resell items at a later date. All proceeds up to resale purchase price will be refunded to bidder/buyer. Kruse shall have no liability to refund the difference between the initial and resale price.
(20). Federal Firearms License holders may buy without NICS background check, provided they have filed, with Kruse, a current, signed and dated copy of their Federal Firearms License. All License copies will be held on file with Kruse, with the bidder/buyer being responsible for providing Kruse with necessary updates upon change or expiration of said License.
(21). All items manufactured after 1898 require a completed ATF form 4473 or FFL transfer form in to comply with the Gun Control Act of 1968.
(22). Shipping: All shipping will be via UPS Ground where applicable or UPS Overnight when required (for any pistol or revolver) or preferred. FFL cover sheet, current copy of FFL, and shipping payment must be received prior to shipment.
(23). Buyer agrees to hold Kruse Fine Firearms and Relics, Inc. and ALL Representatives thereof, harmless from all claims arrising from shipments lost or damaged in transit.