If you are a winning bidder, payment shall be made by credit card. We accept VISA, MasterCard or Discover. We will automatically charge your credit card upon completion of the auction. We do not accept cash or check for online purchases. For large purchases, a wire transfer is permissible as long as proper arrangements with Gatlin Auction have been made prior to purchases. Please inquire in advance of auction for wire transfer details. Sales tax will be charged to in state buyers only. If you are an in state buyer, and tax exempt, documentation of your tax exempt status must be received by Gatlin Auction either electronically (email@example.com) or a hard copy prior to purchases being made. If documentation is not complete or not received prior to purchases, sales tax will be applied to your purchases.
ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED WITHIN FOURTEEN (14) CALENDAR DAYS OF THE AUCTION DAY UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH GATLIN AUCTION OR IT IS BEING SHIPPED. ITEMS NOT REMOVED BY THIS TIME MAY BE FORFEITED. It is the buyer's responsibility to contact our preferred shipper, or a shipper of your own, to make arrangements for pickup and shipping. All costs associated with shipping will be paid directly to shipping company by the buyer. Any items not picked up or arranged for will be taken into temporary possession by Gatlin Auction. This will result in a $20 handling fee charged to buyer per day/per lot with additional storage and/or equipment charges possible. If buyer has not made shipping or pick up arrangements with Gatlin Auction within twenty one (21) calendar days, item will be forfeited. **Please read terms and conditions for additional shipping information pertaining to firearms and other potentially dangerous items.**
TERMS AND CONDITIONS OF THE AUCTION
By registering to bid or placing a bid, you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!!
1. All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Gatlin Auction, gatlinauction.com & Michael D. Gatlin from any liability.
2. All property is sold AS IS, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Gatlin Auction may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Gatlin Auction be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. If you plan to register a titled vehicle in an area that requires an emission or other test, emissions or other tests are not guaranteed and it is sold AS-IS unless stated otherwise in the item description. If firearms are sold, all Federal and State laws and regulations will be followed. It is the bidders sole obligation to determine if a firearm they purchase is legal where they live. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value.
3. All internet Bidders agree to pay a buyers premium equal to Fifteen Percent (15%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyers premium will be $15.00 for a total purchase price of $115.00. Under state law, sales tax will be collected on this amount for in state buyers. Refer to payment instructions if you are tax exempt.
4. 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. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Gatlin Auction shall endeavor to describe in detail each item and any pertinent information about it. Gatlin Auction will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold AS IS WHERE IS with no warranties express or implied. Gatlin Auction does not guarantee any appraisals, gradings or certifications. All firearms laws are followed. Some firearms may not be legal in Bidders jurisdiction. It is Biddes responsibility to determine if any item is legal where they live. There are no refunds for any reason. Bidder agrees that he or she may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by Gatlin Auction. Bidders sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If Gatlin Auction agrees that the item was materially and intentionally misrepresented Gatlin Auction will refund the Bidders purchase price to him/her. Bidder agrees that under no circumstances whatsoever will Gatlin Auction ever be liable to any bidder for an amount greater than the purchase price of the item they purchased.
5. Gatlin Auction is providing internet pre-auction and live 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 Gatlin Auction or anyone else if the internet service fails to work correctly before or during the live auction. Gatlin Auction 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 auction begins. Gatlin Auction reserves the right to withdraw or re-catalog items in this auction.
6. The auctioneer shall advance the bidding at his own discretion. Depending upon the increments and order in which bids are accepted, an internet Bidders maximum bid may not be recognized prior to a floor bid of the same amount. Gatlin Auction may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold. From time to time Gatlin Auction may accept items with reserve prices. Gatlin Auction reserves the right to bid on behalf of the owner on items on which there may be a reserve. The record of the auction made by Gatlin Auction shall be conclusive.
7. Gatlin Auction reserves the right to charge the Bidders credit card the full amount of any or all of Bidders pre or live bids at any time. When the auctioneer says, "sold" Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Payment shall be made by VISA, MasterCard or Discover. Cash or Check will not be accepted as payment for internet bidders. Gatlin Auction reserves the right to charge the Bidders credit card the full amount of any or all of Bidders handling, storage or equipment charges at any time in the event that property is not picked up from sale site according to timeline specified in "Shipping Instructions." If Gatlin Auction does not receive full payment for any reason, the bidder agrees that Gatlin Auction shall add an administrative collection fee of $100.00 to their balance due. Any amount left unpaid shall accrue interest at the highest rate allowed under Colorado state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify Gatlin Auction against any claim if sales tax is not collected on Bidders purchases. Bidder agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Biddes payment is honored.
8. All property, except firearms, shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced unless special arrangements have been made with Gatlin Auction or it is being shipped. ITEMS NOT REMOVED BY THIS TIME WILL HAVE A CHARGE OF $20 PER LOT, PER DAY ADDED AND MAY BE FORFEITED. Internet bidders should arrange to pick up their purchases within this time. You may hire a professional shipping company to ship your merchandise. Bidder shall have no claim to merchandise not removed by the specified timeline including the seven (7) calendar day grace period. **Please note: All items sold may not be shippable. Items requiring shipment that may contain liquids, hazardous or dangerous materials will not be shipped unless those materials can be drained or removed from the container. Examples: an ammo box requiring shipment will first have all ammunition removed; a collectible oil can requiring shipment will first have all oil removed. Please see item descriptions for these notations.**
9. ALL firearms requiring shipment will be temporarily transferred to Federal Firearms Dealer Frosty Osborn, phone 580-652-2428. Bidder agrees to pay Mr. Osborn directly $20 per firearm for FFL paperwork and handling. All freight and requested insurance will be billed to buyer at actual cost. Any receiving FFL fees are the responsibility of the buyer.
10. Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Pueblo County, Colorado. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Gatlin Auction and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Pueblo County, Colorado with an arbitrator appointed by the President of the Colorado Auctioneers Association. All parties specifically acknowledge that, in entering into this agreement, they rely solely upon the representations and agreements contained in this agreement and no others. This agreement may only be modified by a written agreement signed by both parties. This agreement shall be governed in all respects by the laws of the State of Colorado. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts. In the event of any litigation arising out of this Contract, the court shall award the prevailing party all reasonable costs and expenses, including attorneys fees.
11. Gatlin Auction may refuse a buyers number to anyone for any reason. Bidder agrees to provide any identification Gatlin Auction may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
12. We want you to be happy with your purchases. If you have questions about the merchandise, the time to ask questions is well in advance of the live auction. No returns are allowed. By registering for this auction, you have been added to our free email mailing list. Thank you for your patronage.