Auction Terms & Conditions TERMS & CONDITIONS OF SALE
DO NOT BID UNLESS YOU HAVE READ AND ARE SATISFIED AND CAN COMPLY WITH ALL OF THE FOLLOWING:
We reserve the right to change terms and conditions without notice. By registering, bidding or continuing to use this site in any way, you are entering into a contract with Texas-National Auctioneers and agreeing to all terms and conditions of this Auction whether you choose to read them or not. (Please read Terms and Conditions for EACH auction, as they may vary.)
ADDRESS: 4801 FM 646 Rd E, Dickinson, TX 77539
AUCTION DATES: Bidding Starts Closing on Thursday, February 7, starting at 7:00 PM
AUCTION PREVIEW & INSPECTION: By Appointment - Call 281-241-7441
PAYMENT METHOD - Cash, Visa, MasterCard, Discover - NO Checks!
SALES TAX is 8.25% for this auction and will be charged to all buyers that do not have a Tax Resale Certificate or Sales Tax Exemption Certificate form on file.
Resale Dealers: You must bring a properly completed Tax Resale Certificate (01-339) with you. Failure to do so will result in sales tax being charged. No adjustments will be made.
BUYERS PREMIUM - 15% Buyers Premium will be applied to final bid to become the Full Purchase Price.
PAY & PICK UP: Friday, February 8, 2019, between 12:00 Noon and 5:00 PM & Saturday, February 9, 2019 between 1:00 PM and 5:00 PM.
* All items in this auction are LOCAL PICK-UP ONLY. NO SHIPPING. You must come to pay and pick up your purchases. No Exceptions.
* Firearms Only Sold to Texas Residents.
* BRING BOXES & MATERIALS TO PROTECT and PACK YOUR PURCHASES.
* Bring your own Dollies, Tools & LABOR to remove large, heavy items.
* No Children under 16 years of age.
REGISTRATION: All information provided by bidder during the registration process must be current, complete, and accurate. Bidders must be 18 years of age or older. Texas-National Auctioneers, at its sole discretion, may deny registration to any person or entity. NOTE: Firearms Only Sold to Texas Residents and ALL Firearms Laws apply.
IDENTIFICATION: All purchasers will be required to provide a valid Drivers License or State Issued ID to verify identity.
SUSPENSION / PERMANENT BAN: A Bidder will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder's bid number.
INSPECTION OF PROPERTY:
PREVIEW BY APPOINTMENT - Call 281-241-7441
Prospective bidders are strongly encouraged to preview and inspect closely the property being sold to determine its condition, size, quality and value, separate and distinct from any representation made. As a Preview period is made available, no warranty is implied and no compensation or refund may be paid for any such fault or error in description or any imperfection not noted. All goods are sold "as is, where-is" and without warranty or guarantee or any other recourse. By bidding, you signify that you have either closely examined the items, have chosen not to examine them, or have hired an independent agent to examine the item(s) for you. Any descriptions are intended as merely a guide. Absence of any such description does not imply the item or lot is free from defect. Although auction information has been obtained from sources deemed reliable, the auctioneer and sellers make no warranties or guarantees expressed or implied and shall not be held responsible for correct description, condition, authenticity, usefulness, genuineness or defect in any item or lot in the auction or the accuracy of information contained herein or announced by the auctioneer.
PAYMENT & REMOVAL: Invoices will be emailed within 1-2 hours of the conclusion of Auction.
If you believe you won items and do not receive an email, call 281-241-7441.
Payment MUST be made In-Person and prior to Pick-Up on Saturday, February 8, 2019, between 12:00 Noon and 5:00 PM or Saturday, February 9, 2019 between 1:00 PM and 5:00 PM at 4801 FM 646 Rd E, Dickinson, TX 77539 (Do NOT use GPS - see Google Maps for directions).
* Removal time is ENFORCED. Any item or lot not paid for in full by the stated deadline may result in suspension or permanent ban of bidder.
* Removal shall be at the expense, liability, and risk to the purchaser. Auctioneer or Seller shall not be responsible for goods not removed with-in the time specified. Lots not paid for and/or removed in the time specified, may be resold at public auction or private sale without further notice and deficiency, together with all expenses and charges of the resale to be charged to the defaulting purchaser OR at seller's discretion, 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 or Seller shall not, in any event, be liable for non-delivery or for any other matter or thing, to any purchaser of any lot and no refund will be given for unclaimed or abandoned goods.
* If the buyer refuses to make full payment, in addition to other remedies allowed by law, the auctioneer may resell the goods at auction and the buyer is responsible for any difference in price, but is not entitled to any compensation for a higher sell price.
AUTO EXTEND FEATURE: If an auction receives a bid in the last two (2) minutes, the ending time for that auction item will automatically be extended by two (2) minutes to allow other bidders the opportunity to increase their own bids. Once two (2) minutes have passed without any bidding, the item will close.
Auctioneer may refuse bid: The auctioneer reserves the right to reject any and all bids. Texas-National Auctioneers reserves the right to accept or refuse any bid or service to anyone not in the best interest of the seller.
Auctioneer reserves the right to set bidding increments: If auction catalog is used in conjunction with a live auction, it is possible due to competitive bidding increments that a lot could be sold to a person on the floor at or below your maximum bid amount. While every effort is made to execute and honor all bids, the auctioneer is not responsible for failure to execute a bid. In case of identical bids, the first bid received by auctioneer will take precedence. Item ownership is conveyed immediately following the fall of the auctioneer's hammer. While we try to handle and store all items with great care, we will have no liability for any loss or damage to an item after the hammer has fallen.
Withdrawal from sale: The Auctioneer reserves the right to withdraw from sale any items listed.
Title of Property: At the end of auction, title will pass to the highest bidder, and buyer will be contacted by email. The bidder assumes ownership and agrees to pay the full purchase price and taxes as applicable.
Condition: All merchandise sold "AS-IS, WHERE-IS," no warranties are expressed or implied.
All Sales Final. No returns, refunds or exchanges.
* BIDDER AGREES NOT TO REVERSE CREDIT CARD CHARGES FOR ANY REASON.
Auctioneer Bidding: Auctioneer or Agent reserves the right to bid on their own or the Seller's behalf.
Disputes: If any dispute arises, the decision of the auctioneer shall be final and absolute.
Agency: The auctioneer is acting as agent only and is not responsible for acts of its principals.
Person and property risk: Persons attending during preview, exhibition or removal of goods will be responsible for any breakage/damage to the items and assume all risks of damage or loss to person and property and specifically release and hold harmless the Auctioneer and Seller from liability or other recourse. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition or the premises on which the goods are held. Please, NO CHILDREN UNDER 16 YEARS OF AGE.
Compliance with Terms of Sale: A bid is a Legal & Binding contract. It is a promise to pay for goods purchased. If the buyer defaults in any of these conditions, the auctioneer may retain all monies received as liquidated damages, as well as pursue all other remedies allowed by law.
PRIVACY: Texas-National Auctioneers gathers information about Bidders and Sellers for the purposes of conducting auctions. Texas-National Auctioneers does not sell or rent this information. Texas-National Auctioneers uses email addresses provided, to notify its customers about online and live auctions. A link is provided at the bottom of all emails should you wish to change information, preferences or unsubscribe from our email list. Do Not use the "spam" button to delete/filter emails, as this will automatically block your email address by our email services provider.
Texas-National Auctioneers holds a Federal Firearms License and all purchasers must complete the ATF Firearms Transaction Record Form 4473 and pass the FBI National Instant Criminal Background Check.
No firearms will be shipped under any circumstances.
No firearms will be sold to non-residents of Texas unless they have a current Federal Firearms License.
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 spouse or friend's name.
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.
Unless the purchaser holds a Texas Handgun License (LTC), 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. Upon approval, Only the purchaser of record may pick up the firearm(s).
Denied. You may not have the gun and it will be deemed as "Abandoned" under the Auction Terms & Conditions. NO REFUND WILL BE MADE IF YOU ARE DENIED. If you are 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 and 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 the Seller's expectations to be paid for the intended sale. No Refunds will be made and all monies paid will be deemed Liquidated Damages.
We do not know and cannot find out why you were Delayed or 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. If an appeal is filed and you provide evidence of such appeal, we will hold firearms up to 30 days. After 30 days, we will consider the firearm(s) as "Abandoned."
** Some of the guns we sell may not have been fired in years. WE STRONGLY RECOMMEND THAT ALL GUNS BE CAREFULLY INSPECTED BY A GUNSMITH AND CLEANED BEFORE USING.
ONLINE WEB SERVICE: We cannot and do not guarantee uninterrupted access to the Web site or its services or content and cannot and do not guarantee an absence of any errors or malfunction of software, hardware, Internet, servers, content or other related components of the services in regard to your use of this site. Your use and/or continued use of this site shall constitute an agreement that you will hold harmless, defend, and indemnify Texas-National Auctioneers and its agents or representatives from any and all claims arising out of the use of this site in any capacity. Texas-National Auctioneers reserves the right to cancel any transaction even if you have received email confirmation. (Bidder is reminded to follow any applicable instructions on the Auction Host Web site regarding "refreshing" screen to view high bids, time remaining, extended bidding, etc. Failure to follow instructions may result in inaccurate and untimely information on Buyer's screen.) Should any portion of this agreement be deemed unlawful or unenforceable, it shall be severable and shall not affect any remaining portions of the agreement.
NO WARRANTY ON SITE USAGE: You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Texas-National Auctioneers. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. You may also have other legal rights which vary from state to state. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
USER AGREEMENT CONSTRUED UNDER TEXAS LAW: The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Additional Terms and Conditions - Any additional or amended terms or conditions of sale announced prior to the auction or listed on the auction website supersedes any terms outlined in this agreement and all attendees agree to be bound by them prior to bidding on any item. Please read ALL terms on Auction Website prior to bidding.
Seller User Terms
Bidder User Terms