CONDITIONS OF SALE
The property in today's sale will be offered by Auctioneer as an agent for the Seller. All sales made only in accordance with these terms. Please read them carefully. The act of registering to bid, "bidding on" or placing a bid, or "purchasing" items at this auction, confirms that you understand and agree to these conditions of sale and have agreed to be bound by them.
Buyer's Premium: A fifteen percent (15.00%) buyer's premium will be in effect for the Auction and will be added each successful online bid to arrive at that lot's selling price.
All merchandise is sold "AS IS, Where Is" with any and all faults with no warranties or guarantees of any kind. ALL SALES ARE FINAL with NO REFUNDS, No Returns, No exchanges for any reason. When the Timed Auction is over and Proxibid shows "SOLD", title of the property shall pass to the highest bidder, who assumes full risk and responsibility.
All property is open to thorough public inspection at 704 N 7th St, West Monroe, Louisiana, 71291 from 8:00am - 5:00pm Monday -Friday until auction is concluded.
It is our sincerest intention to provide the potential buyer all the information that pertains to the various items. Although we do our best to provide accurate descriptions and honest commentary on all items, we not be responsible for any errors or omissions in the description of the merchandise. We believe we provide correct descriptions in advertising, on the internet and at our auctions, and enjoy a good reputation in this regard, however, neither Auctioneer nor Seller makes any warranties or representations of any kind with respect to the property, and in no event shall be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Such qualities as condition, quality, age, origin, historical attribution, provenance, period, culture, source, genuineness, authorship, originality, measurement, significance, percentage of finish, alteration, restoration, etc and estimated value are opinion only, and are not guaranteed. You are strongly urged to inspect each item on which you bid, and to base your bids on your own opinions and observations.
Limited right to contest sale for absentee bidders in case of mis-identification of item: If an absentee bidder believes that a gun's make & model has not been correctly identified, he may notify the auctioneer in writing stating his objections, and request permission to return the item for review by the auctioneer as to the accuracy of the identification. Such notice must be received by the auctioneer no later than 3 days after receipt of item. If the auctioneer, in his sole judgement, agrees that the make or model of the description has been substantially mid-identified, he will refund the purchase price, including buyer's premium, but not the shipping.
Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. Auctions Plus LLC shall endeavor to describe in detail each item and any pertinent information about it. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Bidder/Buyer acknowledges that Seller has provided him with the opportunity to inspect the item(s) before purchasing them and the buyer has or has not so inspected the item(s) in his sole discretion.
Guns and ammunition are specifically NOT warranted for shooting. Any used firearm should be inspected by a competent gunsmith for safety, function, and proper ammunition type before attempting to fire. Any description of mechanical function or condition does NOT mean the gun has been inspected or Okayed for shooting. Ammunition of unknown origin should not be fired, and the ammunition in this auction is sold for salvage of components or as collectibles only.
Auctions Plus LLC is providing this Internet auction 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 Auctions Plus LLC or anyone else if the Internet service fails to work correctly before or during the auction. Auctions Plus LLC will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the timed auction is over. Auctions Plus LLC reserves the right to withdraw or re-catalog items in this auction.
Please do not call the auction company with internet bidding problems or questions. All computer issues can be addressed by contacting Proxibid directly at 1-877-505-7770.
Payment in US Funds: Visa, Master Card, Discover. Arrangement for Wire Transfers must be made between buyer and Auctions Plus, LLC prior to the auction by calling auctioneer at 318-348-8841. We also accept Cash when picking up at our location. Auctions Plus, LLC Reserves the Right to Hold Items until payments clear our bank. This is normally about 3 business days.
All purchases must be paid in full at auction's end. This is not contingent upon any matter, including buyer obtaining financing. Please be aware that unless you make prior arrangements, THE CREDIT CARD USED DURING REGISTRATION WILL AUTOMATICALLY BE CHARGED AT CONCLUSION OF AUCTION for purchases, buyer's premium and sales tax or any other applicable fees. Wire transfer payments are due the first business day following the auction. If wire transfers are not made by the close of business on the business day following the auction, the buyer's credit card will be charged.
FIREARMS: Our Guns will be shipped from our sister company and FFL holder The Trading Post. All sales of firearms will be in strict compliance with all firearms laws & regulations. All gun consignment returns and sales (with the exception of muzzleloaders or antique arms manufactured before 1898 or non-guns) will be subject to the FBI Instant Check NICS. The only exception is a licensed Federal Firearms Dealer or Curio & Relic Collector License holder (guns MUST be on ATF approved C&R list or be 50 years or older) who must present a current, signed copy of a license (or FAX or E-Mail scan). NOTE: As per ATF instructions, we send our FFL only to other FFL's and NOT C&R's and other non-licensees. If you are NOT a Louisiana resident, you may not take direct possession of a handgun (FFL or C&R Collectors may take immediate possession of qualifying handguns) - see next section below. If you delay after your Instant Check, you will merely pick up your auction firearm(s) later at the Trading Post. If you deny after your Instant Check, you will NOT take possession of your weapons and they will be sold at the Trading Post on consignment or at our next auction and a check will be mailed to you for whatever the gun brings minus a 15% commission fee.
If you know you are not supposed to possess a firearm, do not consign or bid at this sale.
You may take immediate possession of your firearm upon passing the FBI Instant Check (out of state residents may not take possession of handguns - these must be shipped to your local dealer). Out of State handgun purchasers will be responsible for the shipping charges on firearms to their FFL dealer.
Shipping: Auctioneer will box, ship and insure your purchases at your expense. Shipping charges will be billed to your credit card in a separate transaction from your auction purchases. Basic UPS Ground shipping charges inside the continental U.S. are expected to be $25 to $35 for the first long gun, plus $20 for each additional that can be packed in the same box. We have cardboard boxes available for $10 or hard plastic rifle/shotgun cases with keys available for $25. You need to purchase one or the other if you are having your gun shipped. 2nd Day Air UPS shipping charges inside the continental U.S. are expected to be $30 to $45 for the first handgun plus $15 for each additional handgun in the same box. These are higher than average estimates; oversize, special packing or high value, etc will increase shipping costs. Shipping costs could also be less depending on the actual UPS fee. Shipping prices will vary based on insured value, destination, method & packaging. We will ship as cheaply as possible! We will provide the tracking number to your email address once the gun(s) ship. To speed the entire shipping process, it is a good idea to send your local dealer's FFL license or your C&R License to us in advance of the auction. We will keep these securely filed for future use. We guarantee we can provide a tracking number within 4 business days of the close of the auction, but this is contingent on our receipt of your FFL and your payment clearing the bank. Note also that The Trading Post and Auctions Plus, LLC does NOT under any circumstances pay, nor are we responsible for any fees associated with your hometown FFL - that is between you and your FFL dealer. ALL INTERNATIONAL SHIPMENTS OF FIREARMS OR RELATED MATERIAL MUST BE ARRANGED THROUGH YOUR EXPORTER BY YOUR ARRANGEMENTS & AT YOUR RISK & EXPENSE. *** NO EXCEPTIONS ***
Declined Cards will make your payment late. Late payments are subject to fees and penalties at the discretion of the Auction House. Be aware that invoice delinquency WILL lead to disabling of a bidder account and making all bidding unavailable on Proxibid. Payments unpaid or late will result in the account being sent to a collections agency. This can affect your overall credit scores for up to 7 years. Your bidder registration has been researched before approval for bidding at auction. The card provided on file was verified for identity purposes prior to approval.
Credit Card Chargeback's will be not accepted for any reason or on any purchase through Proxibid. No exceptions.
Lots paid for in cash may be picked up immediately, assuming FBI NICS background check is approved instantly. Buyer shall pay any and all applicable taxes unless exempted by law.
Sales tax of 9.5% will be collected on items sold to bidders in Louisiana. There is no sales tax on purchases shipped out of state.
The buyer shall be the highest bidder. In online auctions the last or highest bidder will be determined by Proxibid. In live auctions, the Auctioneer, will determine the highest bidder. In case of dispute between two bidders, the Auctioneer may reopen the bidding between two highest bidders only, until property is sold. If any dispute arises, the Auctioneer shall have absolute discretion to settle dispute. Auctioneer's discretion in conducting the auction includes, but is not limited to, the auction method, bid-calling, bid increments, and determining the buyer. The decision of Auctioneer is final regarding all matters that arise before, during, or after the Auction.
Auctioneer or Seller reserves the right to withdraw or re-catalog any item before or during the sale. Auctioneer may reject a nominal or fractional bid advance if, in his estimation, it proves injurious to the sale. The Seller reserves the right to reject any and all bids it deems necessary.
Neither Auctioneer nor Seller shall be liable for any personal injury on the sale premises. Buyer assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder, and shall defend, indemnify, and save harmless Seller and Auctioneer from any liability.
If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at his option may (1)resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2)cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged.
Buyer hereby agrees to assume the risks and to release and hold harmless all of the persons or entities mentioned who might otherwise be liable to it or it's successors or assigns for damages.
RELEASE: Bidders, buyers, and other persons present at the Auction (collectively "attendees") are advised that Auctioneer and its agents, contractors, employees, and/or representatives may record the Auction, related matters, and attendees through audiotape, photography, motion pictures, and/or videotape for advertising, marketing, promotion, publicity, record, and/or trade purposes, and in consideration of being allowed to attend the Auction, attendees unconditionally and irrevocably agree that their images and voices may be so recorded and used by Auctioneer in all types of media without territorial, time, or use limitation, and without compensation being owed or paid to attendees by Auctioneer or Seller.
ARBITRATION: Any action, claim, controversy, counterclaim, dispute, or proceeding arising out of the Personal Property Issues and involving Seller, bidder, buyer, or Auctioneer, in any combination, whether controlled by federal or state law, and whether an issue of law or equity, including the determination of the scope and applicability of this agreement to arbitrate, must be determined and resolved exclusively by final and binding arbitration, with no appeal permitted, except as provided by applicable law for the judicial review or enforcement of arbitration decisions.. Judgment on the arbitration award may be entered in any court having jurisdiction. The parties waive the right to any legal action and trial by jury. The costs of arbitration, including the fees and expenses of the arbitrators, but not including the parties' attorneys' fees, will initially be paid equally by them. The prevailing party will be entitled to collect from the other its full costs associated with the arbitration, including reasonable attorneys' fees. All aspects of any arbitration will be permanently kept confidential and not disclosed in any form or manner to any entity, media, or person, and the parties will jointly move the court entering judgment on the arbitration award to so order. Any arbitration must be commenced within two (2) years from the date when the cause of arbitration accrues or it will be forever barred. The right of arbitration will accrue, and the two (2) year limitation period will begin to run, on the date the breach, damage, or injury is sustained and not when the resulting damage or harm is discovered. To the fullest extent allowed by law, the parties agree that neither Seller nor Auctioneer will be liable for any consequential, incidental, indirect, or special loss or damage that might arise out of Personal Property Issues.
CHOICE OF LAW, JURISDICTION, AND VENUE: Personal Property Issues and all other matters related to Seller, Auctioneer, the Personal Property, the Auction, and the sale of the Personal Property will be exclusively construed and governed in accordance with the laws of the State of Louisiana, without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any controversy or claim between the parties will be the Parish of Ouachita in the State of Louisiana.
MISCELLANEOUS: The Terms and Conditions of Sale will bind bidders and their agents, assigns, attorneys, beneficiaries, brokers, directors, distributees, employees, executors, heirs, legatees, officers, representatives, shareholders, and successors in interest. No deletion, modification, supplement, or waiver of any provision of the Terms and Conditions of Sale will be made, except by Auctioneer's written revision or oral announcement at the Auction and from the block. If there is anything relevant to this Auction or the Terms of Personal Property Auction that a bidder does not fully understand, bidder should immediately ask a member of Auctioneer's staff for assistance with the question.
The following example is for illustration purposes only.
Buyer's Premium Example: 15% Internet Bidder- Credit Card Payment Bid Price: $100.00 Plus 15% Buyer's Premium: $15.00 Out of State= 0% sales tax Total Contract Price: $115.00 (Louisiana residents add 9.5% sales tax= $10.93, total of $125.93) Any Shipping charges will be a separate transaction.
Agency Disclosure: In all transactions, the Auctioneer is acting as agent for the seller, not as buyer's agent. All acknowledge that Kelly Weatherford, LaLic#1728-09, and Kim Sims, LaLic#1725-09, dba Auctions Plus, LLC is the Auctioneer and Broker in conjunction with this transaction.
Thank you for your attendance and patronage. We hope you enjoy today's sale! Should you need our auctioneer services, please give us a call. We appreciate your referrals. Thanks!