Auction Terms & Conditions
Registration and Identification - All persons are required to have a Bidder Number to bid. All persons are required to complete and sign a registration form agreeing to the terms and conditions of this sale prior to receiving a Bidder Number. A valid Drivers License or State Issued ID is required in order to register to bid at this sale and we reserve the right to photograph/video-record all Registrants upon registration and any/all persons on the premises before, during or after the auction for security and/or marketing purposes. Auction Company reserves the right to refuse registration to anyone.
Payment - All bills must be paid in full before leaving the premises on the day of the sale. The full purchase price on all lots sold to buyer must be paid before removal of any of the items. Parties unknown to the auctioneer may be required to provide further information and submit a deposit toward purchases during the auction. If the sale is complete but the buyer refuses to deposit the part payment, the auctioneer may resell the goods and the original buyer is responsible for any deficiency in price, but is not due any amount over the original buyer's bid. Lots not paid for within the time specified, may be resold at public auction or private sale without further notice and any deficiency, together with all expenses and charges of the resale, will be charged to the defaulting purchaser.
Method of Payment - Payment must be made by Cash, Visa, MasterCard or Discover. Personal checks drawn on a local bank may be accepted at the sole discretion of the Auction Company and provided the printed address on the check matches the address on your drivers license or state issued ID and thumbprint submitted on face of check. Business checks may be accepted at the discretion of the auctioneer. The Auctioneer reserves the right to hold merchandise purchased by check until funds are collected. A $30.00 charge will be imposed for returned checks. Anyone passing a bad check will be prosecuted to the full extent of the law. Buyer agrees to pay any and all charges and expenses incurred, including without limitation, reasonable collection and/or attorney fees.
Buyers Premium - A 12% Buyer's Premium will be added to your purchase total. A 2% Buyer's Premium Discount will be given for invoices paid in full with Cash.
Collection of Sale Tax - Tax will be collected on all taxable sales, unless you have a current Tax Resale Certificate or Tax Exemption Certificate on file with the Cashier at the time of registration and ALL ITEMS to be purchased are for resale or will be used in an exempt manner. Incomplete forms will not be accepted for any reason.
Title of Property - On the auctioneer's call of "sold" or other customary manner, title will pass to the highest bidder, as acknowledged by the auctioneer. The bidder assumes full risk and responsibility and agrees to pay the full purchase price, which includes any buyer's premium and taxes as applicable.
Security - Please watch your own items in which you are the winning bidder. Neither the auctioneer nor the seller assumes any responsibility for any loss, damage or theft occurring after the hammer falls.
Condition of items sold - Prospective bidders are encourage to inspect closely the property being sold prior to bidding to determine its condition, size and whether or not it has been restored or repaired, and to determine through the inspection, to be of acceptable quality and value, separate and distinct from any representation made. The auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lots, and makes no warranty in connection therewith. As no warranty is given with any lot, therefore no sale is invalid or voidable by reason of any fault in any lot or by reason of any lot being incorrectly described (including advertisements or otherwise), and no compensation may be paid for any such fault or error in description or any imperfection not noted. No deduction will be allowed on damaged articles or other deficiency as all goods being exposed for public exhibition are sold "as is, where-is" and without any warrantee or guarantee expressed or implied and All Sales Are Final without recourse.
Sale is with reserve - In accordance with Texas State Law, every sale by auction is with reserve, unless explicably stated as "absolute." This means 1.) the auctioneer reserves the right to reject any and all bids; 2.) the auctioneer reserves the right to set the bid increments; 3.) the auctioneer may withdraw the goods at any time until he/she announces completion of the sale; 4.) the auctioneer shall have the right to bid on behalf of the seller for the purpose of protecting reserves. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at half of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards in his or her discretion until a bid is recognized, and then continue up from that amount.
Absentee bids - We will use reasonable efforts to carry out written bids given to us prior to the sale for the convenience of customers who are not present at the auction in person, by an agent, by telephone or by online internet bidding. If we receive absentee bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose absentee bid was received and accepted first. Execution of absentee bids is a service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute an absentee bid or for errors and omissions in connection with it.
Right to bid - The auctioneer and auction staff reserve the personal right to bid on items for their own purchase.
Addition to or withdrawal from sale - The Auctioneer reserves the right to withdraw from sale any of the items listed or to sell at this auction items not listed, and also reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all of the items listed, in bulk.
Dispute between bidders - On the auctioneer's call as "sold", the highest bidder as recognized by the auctioneer, will be the purchaser. If any dispute arises, the decision of the auctioneer shall be final and absolute, without recourse.
Records - The record of sale kept by the auctioneer, as recorded by the clerk will be taken as final in the event of any dispute.
Removal - Removal shall be at the expense, liability, and risk to the purchaser. Unless other arrangements are made with Auctioneer prior to leaving the premises, all purchases should be removed at the end of auction. Auctioneer shall not be responsible for goods not removed within the time specified. Lots not removed in the time specified, may be considered "abandoned" and may be resold at public auction or private sale without further notice and deficiency, together with all expenses and charges of the resale charged to the defaulting purchaser(s) OR items not removed with-in specified time may be removed and discarded at the expense of the purchaser(s) including all labor, fees for dumpster, hauling and other associated expenses of removal. Auctioneer shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot.
Non-delivery responsibility - Auctioneer shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot, other than for return to the purchaser of the sum paid on said lot, should purchaser be entitled to it due a mistake in billing by the auction company representative.
Personal and property risk - Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and hold harmless the auctioneer and seller from liability and therefore neither the auctioneer nor property landlord shall be liable by reason of any defect in or condition of the premises on which the sale is held.
Children at Auction Sale - Parent(s)/Guardian(s) are responsible for all acts of children in attendance and MUST CLOSELY SUPERVISE ALL CHILDREN regardless of age. Disruptive children will be removed immediately from the auction premises, without recourse.
Agency - The auctioneer is acting as agent only and is not responsible for acts of its principal(s).
Additional terms and conditions - Other additional terms regarding Absentee Bids, Firearms, Vehicles and/or other titled property are applicable, in addition to these Terms and Conditions. Any additional or amended terms or conditions of sale announced prior to the auction or during the auction supersede any terms outlined in this agreement and all attendees agree to be bound by them prior to bidding on any item.
Compliance with terms of sale - A bid is a Legal & Binding contract. It is a promise to pay for goods purchased. If two or more persons bid under the assigned bidder number, then all are deemed to agree to these terms, even if only one person signs the agreement and the person signing assumes full responsibility for actions of the others. If the buyer defaults in any of the above conditions, the auctioneer, in addition to all other remedies allowed by law, may retain all monies received as deposit, payment or otherwise, as liquidated damages.
Texas-National Auctioneers holds a Federal Firearms License and is required to abide by both Federal and Texas state laws regarding all firearms transactions.
Bidders must be 18 to bid on long guns and 21 to bid on handguns and this also applies to ammunition.
All firearm buyers must register under their own name and bid number and must be the actual bidder for any firearms. They must also be the person that fills out the ATF Firearms Transaction Record Form 4473 and/or other paperwork for their purchases.
No firearm will be transferred from one bidder to another. Meaning, don't bid on a gun and then ask to have it transferred to your friend's bid number (nor even your spouse).
Unless the purchaser holds a Texas Concealed Handgun License (CHL), all firearm purchases are submitted to the FBI National Instant Criminal Background Check System (NICS) and will usually provide an immediate answer of Approved, Delayed or Denied.
Approved. You may take immediate possession of the firearm and take it home.
Delayed. You may not have the firearm until you have been approved by the FBI or until after midnight of the third business day after the NICS request has been made, whichever is sooner. If you are delayed, there is nothing that Texas-National Auctioneers can do or that you can do to speed up the process or check on the status.
All delayed bidders must pay for their purchases in full on the day of the auction. If you are initially delayed, you will eventually be either approved or denied and nothing will be transferred in the meantime. Pickup time for guns that were initially delayed and/or for which no answer was received will be scheduled by mutual agreement.
Only the purchaser of record may pick up firearm(s).
Denied. You may not have the gun and it will be deemed as "abandoned" under the Auction Terms & Conditions. We do not know and cannot find out why you were denied.
If you are Delayed or Denied, you will be provided a NICS Resolution Card with the NICS transaction number noted on the form. If you feel that you were wrongly denied or are habitually delayed, you may request a Voluntary Appeal File through NICS.
NO REFUND WILL BE MADE IF YOU ARE DENIED. As the winning bidder, all purchases must be paid for, prior to the potential transfer. As you should know whether or not you are permitted to own a firearm, it does not relieve you of your responsibilities under the Auction Terms & Conditions, as you may have prevented another bidder from purchasing the firearm, in addition to the potential of depressing the value due to such actions, as well as Seller's expectations to be paid for the intended sale. Therefore, collected payments will be considered as Liquidated Damages and No Refunds will be made.
If you purchase a handgun, you MUST have a trigger lock installed or the handgun must be in a locked container prior to removing it from the premises. If you do not bring your own, you will be required to purchase a trigger lock for the handgun.
No firearms will be sold to non-residents of Texas unless they have a current Federal Firearms License (FFL).
No firearms will be shipped by Texas-National Auctioneers under any circumstances.
Note: Some of the guns we sell may not have been fired in years. We recommend that all guns be carefully inspected by a gunsmith and cleaned before using. Common sense will go a long way in helping you safely enjoy your gun.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.