ON-SITE & ON-LINE BIDDING TERMS & CONDITIONS
GUN & KNIFE AUCTION
DECEMBER 6, 2014
123 CHURCH STREET, MARTIN, TN 38237
LIVE AUCTION SIMULCAST ON-LINE WITH LIVE ON-LINE BIDDING. PRE-BIDS ENTERED AT LIVE AUCTION. BIDDING WILL NOT CLOSE AND NO LOT OR ITEM WILL BE SOLD UNTIL THE FALL OF THE HAMMER AT THE LIVE AUCTION.
ALL TIC GUN LAWS AND FEDERAL FIREARMS LAWS APPLY.
1. THE PROPERTY LISTED AND DESCRIBED ON THE ATTACHED LIST WILL BE OFFERED UNDER THE FOLLOWING TERMS AND CONDITIONS OF SALE, WHICH TERMS AND CONDITIONS OF SALE AND DESCRIPTIONS OF ITEMS LISTED ON THE ATTACHMENT, MAY BE AMENDED, UPDATED OR ALTERED AT THE TIME AND PLACE OF THE AUCTION FROM THE AUCTION BLOCK. THESE TERMS AND CONDITIONS OF SALE AND ANY ANNOUNCEMENTS FROM THE AUCTION BLOCK SHALL BE BINDING ON ANY BIDDER, WHETHER PRESENT OR REPRESENTED BY AN AGENT, ANY ABSENTEE BIDDER OR ON-LINE BIDDER. BUYERS ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
2. TERMS OF SALE: ALL PROPERTY IS SOLD “AS-IS” AND “WHERE-IS” AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER MAKES ANY EXPRESSED OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD. IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS. NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE AUCTION OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. ALEXANDER AUCTIONS & REAL ESTATE SALES, & THE AUCTIONEER, MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE DESCRIPTIONS OR REPRESENTATIONS WHICH WERE PROVIDED BY THE SELLER AND ARE LISTED ON THE ATTACHED OR AS TO THE CONDITION OF THE ITEM.
3. THE SALE OF ANY ITEM WILL NOT BE CLOSED AND SOLD UNLESS AND UNTIL IT IS OFFERED AT THE LIVE AUCTION.
4. ALL BIDS ARE MADE SUBJECT TO THE ACCEPTANCE OF THE AUCTIONEER.
5. THE AUCTIONEER WILL DETERMINE THE BUYER OF THE ITEM.
6. ITEMS WITH A TIE BID ONLINE AND A LIVE BID ON THE FLOOR MAY BE SOLD TO AN ON-SITE BIDDER.
7. ALL ITEMS ARE SUBJECT TO SELLER’S CONFIRMATION UNLESS NOTED AS ABSOLUTE.
8. ALEXANDER AUCTIONS RETAINS THE RIGHT TO WITHDRAW OR REGROUP ANY ITEM IN THE AUCTION.
9. ALEXANDER AUCTION RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS FOR ANY REASON. ALEXANDER AUCTIONS RESERVES THE RIGHT TO CANCEL THE AUCTION OF ANY ITEM EVEN IF A BID HAS BEEN PLACED.
10. ALEXANDER AUCTIONS RESERVES THE RIGHT TO CHANGE THE ORDER OF AUCTION AS THEY SEE FIT.
11. ALEXANDER AUCTIONS IS NOT RESPONSIBLE AND IS NOT LIABLE FOR ANY BIDS WHICH DO NOT GET SUBMITTED.
12. ON-SITE BIDDING: A 10% BUYER'S PREMIUM WILL BE ADDED TO THE FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS THAT ARE PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, WIRE TRANSFER OR PERSONAL CHECK.
13. ON- SITE BIDDING: A 13% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS THAT ARE NOT PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, WIRE TRANSFER OR PERSONAL CHECK. WE ACCEPT VISA AND MASTER CARD ONLY FOR ON-SITE BIDDING.
14. INTERNET BIDDING ON-LINE & ABSENTEE BIDDING: A 10% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS THAT ARE PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, WIRE TRANSFER.
15. INTERNET BIDDING ON-LINE & ABSENTEE BIDDING: A 13% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE OF ALL TIMES THAT ARE NOT PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, OR WIRE TRANSFER. WE ACCEPT VISA AND MASTERCARD ONLY.
16. ON-LINE & ABSENTEE BIDDING: YOUR CREDIT CARD WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION.
17. IF YOUR CREDIT CARD IS DENIED THERE WILL A $30.00 CHARGE DUE ALEXANDER AUCTIONS & REAL ESTATE SALES.
18. PAYMENT: PAYMENT MUST BE MADE ON ALL PURCHASES IN FULL AT SALE CONCLUSION. ALL PAYMENTS ARE TO BE MADE IN U.S... CURRENCY. ALL BUYERS AGREE TO PAY FOR THEIR PURCHASES NO LATER THAN THE DAY OF THE AUCTION, UNLESS OTHER ARRANGEMENTS HAVE BEEN MADE, BY CASHIER’S BANK CHECK, CERTIFIED BANK CHECK, OR IRREVOCABLE LETTER OF CREDIT IN FAVOR OF ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY. PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES OR BY OWNER. ALL PROSPECTIVE BIDDERS SHOULD PRE-REGISTER FOR A BIDDING NUMBER AND GIVE EVIDENCE OF THEIR CREDIT-WORTHINESS.
19. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY EXCUSES FOR A CHECK THAT DOES NOT CLEAR. PERSONAL CHECKS ARE ACCEPTED FROM PEOPLE WHO WE HAVE BEEN APPROVED AND WE EXPECT THESE CHECKS TO CLEAR THE BANK IMMEDIATELY.
20. GUNS: TICS & FFL LAWS APPLY. ALL GUN SALES ARE SUBJECT TO BACKGROUND APPROVAL. PURCHASERS OF FIREARMS WILL FILL OUT AND SIGN A GUN FORM AND PROVIDE A PICTURE I.D...
21. ALL ON-LINE OUT OF STATE PURCHASES MUST BE TRANSFERRED TO A FEDERAL FIREARMS LICENSED DEALER IN THEIR RESPECTIVE STATE FOR ANY FIREARM. A LEGIBLE CURRENT FFL (FEDERAL FIREARM LICENSE) SIGNED BY THE LICENSEE MUST BE EMAILED, MAILED OR FAXED INCLUDING THE FFL NUMBER, EXPIRATION DATE, ADDRESS OF LICENSEE AND BIDDER’S NAME. FAX MUST BE LEGIBLE.
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22. ALL HANDGUNS PURCHASED ON-SITE BY AN OUT OF STATE RESIDENT MUST BE SENT AND TRANSFERRED TO A LICENSED FFL DEALER IN THE STATE OF RESIDENCE.
FAX (731) 587-2698 EMAIL: [email protected]
MAIL TO: ALEXANDER AUCTIONS & REAL ESTATE SALES
P. O. BOX 129, MARTIN, TN 38237-0129
23. SHIPPING: THE SHIPPING CHARGES ARE THE RESPONSIBILITY OF THE WINNING BIDDER. THE SHIPPING COMPANY WILL VARY DEPENDING ON THE ITEMS PURCHASED EITHER UPS OR THE UNITED STATES POSTAL SERVICE WILL BE USED. THE COST OF SHIPPING WILL BE ACCORDING TO UPS OR USPS’S CHARGES.
24. PACKING CHARGES ARE THE RESPONSIBILITY OF THE WINNING BIDDER. MINIMUM PACKING CHARGES OF $10.00 PER GUN OR ITEM PLUS COST OF BOXES AND SUPPLIES.
25. SHIPPING & PACKING CHARGES ARE CHARGED SEPARATELY TO THE CREDIT CARD ON FILE.
26. NOTE INSURANCE CHARGES ARE THE RESPONSIBILITY OF THE WINNING BIDDER.
27. IF YOU WOULD LIKE YOUR ITEMS TO BE SHIPPED WITHOUT INSURANCE, PLEASE CONTACT THE AUCTION COMPANY IMMEDIATELY FOLLOWING THE AUCTION.
28. ITEMS WILL BE SHIPPED 7 TO 14 DAYS AFTER THE ITEM IS PAID FOR AND THE PAYMENT IS DEPOSITED IN ALEXANDER AUCTIONS & REAL ESTATE SALES ESCROW ACCOUNT AND THE FFL IS RECEIVED IF A FIREARM IS PURCHASED. WE MUST HAVE A FFL DEALER’S LICENSE BEFORE WE CAN SHIP ANY FIREARM.
29. TO BE AN APPROVED ON-LINE BIDDER AT THIS AUCTION YOU MUST HAVE A VALID VISA OR MASTERCARD CREDIT CARD ON FILE. YOUR CREDIT CARD ON FILE WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION FOR THE FULL AMOUNT OF THE WINNING HAMMER PRICE, PLUS PREMIUMS, PLUS SALES TAX IF APPLICABLE.
30. REFRESH BIDDING: REFRESH YOUR SCREEN CONSTANTLY DURING THE CLOSING MINUTES OF THE BIDDING, OR ENABLE THE “AUTO REFRESH” FEATURE.
31. AUCTIONEER’S DISCRETION: ALEXANDER AUCTIONS & REAL ESTATE SALES HAS FULL DISCRETION TO MODIFY DATE AND TIME, ORDER, AND DETAILS OF THE AUCTION FOR ANY REASON OR NO REASON AT ALL, INCLUDING BUT NOT LIMITED TO TECHNICAL ISSUES, EMERGENCIES, AND CONVENIENCE OF ALEXANDER AUCTIONS & REAL ESTATE SALES OR THE SELLER. ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT TO MODIFY, CHANGE OR REMOVE USERNAMES AT ANY TIME.
32. SERVER & SOFTWARE TECHNICAL ISSUES: IN THE EVENT THAT THERE ARE TECHNICAL DIFFICULTIES RELATED TO THE SERVER, SOFTWARE OR ANY OTHER ONLINE AUCTION-RELATED TECHNOLOGIES. ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT TO EXTEND BIDDING, CONTINUE THE BIDDING, OR CLOSE THE BIDDING. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR ALEXANDER AUCTIONS & REAL ESTATE SHALL SALES BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. EMAIL NOTIFICATIONS MAY BE SENT TO REGISTERED BIDDERS WITH UPDATED INFORMATION AS DEEMED NECESSARY BY ALEXANDER AUCTIONS & REAL ESTATE SALES.
33. IF YOU HAVE ANY PROBLEMS WITH THE WEBSITE, CALL MARKNET CUSTOMER SERVICE AT 1-888-307-6545 AND ALEXANDER AUCTIONS (731) 587-225-1157.
34. BIDDER CONTRACT: THIS BIDDER CONTRACT ENTERED INTO BETWEEN THE BIDDER WHOSE NAME IS REGISTERED AND SHALL GOVERN THIS AUCTION AND HE/SHE AGREES WITH THEM. ADDITIONAL TERMS MAY BE POSTED OR ANNOUNCED FROM THE AUCTION BLOCK WHICH ARE JUST AS BINDING AS THE BELOW TERMS. FULL PAYMENT: ALL ITEMS MUST Be PAID FOR IN FULL BEFORE BIDDER LEAVES THE PREMISES. NOTHING MAY BE REMOVED UNTIL IT IS SETTLED FOR. PAYMENT FOR PURCHASES MUST BE MADE BY CASH OR CASHIER’S CHECK OR BY PERSONAL CHECK OR BUSINESS CHECK. LETTERS OF CREDIT OR GUARANTEE MUST BE FOR THIS AUCTION ONLY, ALONG WITH PROOF OF IDENTITY. BIDDER AGREES NOT TO STOP PAYMENT ON CHECKS OR DISALLOW A BAND DRAFT AND IS RESPONSIBLE FOR ANY EXPENSES DUE TO COLLECTION OF BAD CHECK. IN THE EVENT OF NON-PAYMENT OF BAD CHECK, THE AUCTIONEER RESERVES THE RIGHT TO REPOSSESS AT ANY TIME, AT YOUR LOCATION, THE MERCHANDISE INVOLVED.
35. WARRANTY: ALL ITEMS ARE SOLD AS IS, WHERE IS, WITHOUT GUARANTEE OF ANY KIND. NO WARRANTY OF QUALITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR INTENDED USE OR ANY PARTICULAR PURPOSE OR PARTICULAR USE IS GIVEN. ALL MERCHANDISE IS EITHER NEW, USED CONSIGNED OR SALES ARE FINAL!! NO RETURNS OR CHARGE BACKS ALLOWED!! RETURNS AND CHARGE BACKS WILL RESULT IN A BLACK FLAG WITH MARKNET.
36. DESCRIPTION TAKE PRECEDENCE OVER THE PICTURE.
37. THE DESCRIPTIONS OF ITEMS APPEARING IN ADVERTISING PRIOR TO THIS AUCTION ARE BELIEVED TO BE CORRECT. NEVERTHELESS, NEITHER THOSE DESCRIPTIONS NOR ANY ORAL STATEMENTS MADE BY THE OWNER (OR HIS AGENTS OR OFFICERS) OR THE AUCTIONEERS (OR HIS AGENTS OR OFFICERS) CONCERNING ANY ITEM SHALL BE CONSTRUED AS WARRANTY, EITHER EXPRESSED OR IMPLIED, BIDDER AGREES TO INSPECT THE ITEMS THEY ARE BIDDING ON AND TO SATISFY THEMSELVES AS TO THE PROPER NAME, AGE AND CONDITION OF THE ITEM. I, THE BIDDER, HAVE EXAMINED THIS MERCHANDISE AND ACCEPT IT IN “AS IS” CONDITION.
38. CONDITION OF EQUIPMENT AND ITEMS SOLD: ALL INFORMATION IS BELIEVED TO BE ACCURATE, BUT NEITHER THE AUCTIONEER NOR THE SELLER SHALL BE RESPONSIBLE FOR THE CORRECT DESCRIPTION, GENUINENESS, AUTHENTICITY OF, OR DEFECT IN ANY LOT, AND MAKES NO WARRANTY IN CONNECTION THEREWITH. NO SALE SHALL BE SET ASIDE NOR ALLOWANCE MADE ON ACCOUNT OF ANY INCORRECTNESS, ERROR IN CATALOGING, OR ANY IMPERFECTION NOT NOTED. NO ADJUSTMENT WILL BE ALLOWED ON DAMAGED ARTICLES, ALL ITEMS ARE AVAILABLE FOR INSPECTION AND SOLD “AS IS” WITHOUT RECOURSE.
39. DISPUTES: THE AUCTIONEER SHALL DESIGNATE THE WINNING BIDDER AFTER EACH ITEM IS AUCTIONED. IF A DISPUTE ARISES BETWEEN TWO OR MORE BIDDERS, THE AUCTIONEER RESERVES THE RIGHT TO REOPEN THE BIDDING. THE AUCTIONEER’S DESIGNATION A BUYER SHALL BE FINAL. FAILURE TO COMPLY: IF SUCCESSFUL BIDDER FAILS TO COMPLY WITH WRITTEN AGREEMENT OR PAYMENT AS REQUIRED, THE SUCCESSFUL BIDDER SHALL BE LIABLE TO DEFICIENCY IN SELLING PRICE, ATTORNEY FEES, OR ANY OTHER DAMAGES THEY MAY OCCUR AS RESULT OF NONCOMPLIANCE BY BIDDER.
40. ANY DISPUTE BETWEEN ALEXANDER AUCTIONS & REAL ESTATE SALES, ITS AGENTS OR REPRESENTATIVES AND THE BUYER(S) WILL BE TRIED IN A COURT OF JURISDICTION IN WEAKLEY COUNTY, TN. BY BIDDING ON ANY ITEM, BUYER AGREES TO ALL TERMS AND CONDITION SET FORTH. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
41. ATTORNEY FEES: IN AN ACTION OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO REASONABLE ATTORNEY FEES AND COST.
42. UCC SECTION 2-328 (4) DISCLAIMER: SECTION 2-328(4) OF THE UCC STATES, “IF THE AUCTIONEER KNOWINGLY RECEIVED A BID ON THE SELLER’S BEHALF OR THE SELLER MAKES OR PROCURES SUCH A BID, AND NOTICE HAS NOT BEEN GIVEN THAT LIBERTY FOR SUCH BIDDING IS RESERVED, THE BUYER MAY AT HIS OPTION AVOID THE SALE OR TAKE THE GOODS AT THE PRICE OF THE LAST GOOD FAITH BID PRIOR TO THE COMPLETION OF THE SALE”.. ACCORDINGLY, THE SELLER AND THEIR AGENTS, HEREBY, RESERVE THE RIGHT TO BID AT TODAY’S AUCTION.
43. BUYER’S RESPONSIBILITY: AFTER A BIDDER HAS WON THE BID WITH HIS/HER HIGH BID; THEY HAVE BECOME THE NEW OWNERS OF THE ITEM, EVEN THOUGH THEY MAY NOT HAVE PAID FOR THE ITEM YET. THE ITEM(S) BECOMES THE FULL AND SOLE RESPONSIBILITY OF THE BUYER AT THIS POINT AND BUYER ASSUMES ALL RISK OR LOSS AND DAMAGE. BUYERS SHOULD GUARD THEIR ITEMS ACCORDINGLY. BUYER SHOULD INSURE THEIR PURCHASES IMMEDIATELY AFTER PURCHASER.
44. INJURY AND DAMAGE: BIDDER ACKNOWLEDGES RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE BIDDER OR HIS AGENT, AND FURTHER AGREES TO HOLD THE AUCTIONEERS HARMLESS FROM ANY PERSONAL INJURY TO HIMSELF OR HIS AGENTS AND ANY PROPERTY DAMAGE INCURRED ON AUCTION PREMISES
45. BUYER AND OR BIDDER AGREES TO HOLD HARMLESS ALEXANDER AUCTIONS & REAL ESTATE SALES AND ITS AGENTS, OWNERS, DIRECTORS, EMPLOYEES AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIM DAMAGES OR SUITS INCLUDING BUT NOT LIMITED TO AWARDS, JUDGMENTS, COST, FEES, ETC.
46. AGENTS ONLY: THE AUCTIONEERS ARE ACTING AS THE OWNER’S AGENT ONLY.
47. RESERVE: ALL ITEMS ARE SOLD WITH RESERVE UNLESS STATED OTHERWISE. IF RESERVE ITEM DOES NOT MEET SET PRICE, ITEM MAY BE PASSED OR SELLER MAY CONFIRM PRICE.
48. WRITTEN MATERIAL: ANY WRITTEN MATERIAL SUPPLIED TO YOU SHOULD BE USED AS A GUIDE ONLY. ITEMS HAVE BEEN IDENTIFIED AND DESCRIBED BASED ON INFORMATION AVAILABLE TO US BUT MAY NOT BE ACCURATE.
49. ABSENTEE BIDDERS: AUCTIONEER MAY BID OR HAVE SOMEONE BID ON BEHALF OF ABSENTEE BIDDER. CREDIT CARD NUMBER MUST BE LEFT WITH MARKNET AND ALEXANDER AUCTIONS UNLESS BIDDER HAS MADE DIFFERENT ARRANGEMENTS WITH Alexander Auctions & Real ESTATE SALES
50. BIDDERS WHO BID 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 BIDDER’S RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE OR ANY OTHER DETERMINATIVE FACTOR.
51. ALEXANDER AUCTIONS 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 ALEXANDER AUCTIONS & REAL ESTATE SALES OR ANYONE ELSE IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY BEFORE OR DURING THE AUCTION.
52. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS FROM ANY SOURCE.
53. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED THEIR BID IS ACKNOWLEDGED SHOULD USE THE PROXY-BIDDING FEATURE AND LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION BEGINS.
54. INTERNET & ON-SITE BIDDERS ARE INFORMED SOME LOTS ARE SOLD AS A SINGLE LOT AND SOME LOTS ARE SOLD INDIVIDUALLY (TIMES THE MONEY PER PIECE).
55. REMOVAL OF PROPERTY OR STORAGE: NONE OF THE PROPERTY MAY BE REMOVED FROM THE PREMISES UNTIL THE TOTAL PURCHASE PRICE HAS BEEN PAID. ANY ITEMS LEFT AND NOT REMOVED FROM THE PREMISES REMAIN AT THE SOLE RISK OF THE BUYER.
56. ALL ITEMS ARE AVAILABLE FOR YOUR VIEWING BEFORE THE ITEM IS OFFERED FOR AUCTION AND YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO THAT YOU ARE SATISFIED WITH THEIR CONDITION. ANY AND ALL INSPECTIONS THAT A BUYER MAY WANT MUST BE COMPLETED AT BUYER’S EXPENSE PRIOR TO THE CLOSE OF THE ONLINE BIDDING. ALEXANDER AUCTIONS & REAL ESTATE SALES, AGENTS, REPRESENTATIVES OR EMPLOYEES MAY BID. ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT TO SELL TO THE NEXT HIGHEST QUALIFIED BIDDER AND OR BUYER IF THE WINNING BIDDER AND OR BUYER IS IN DEFAULT OF THESE ITEMS. WINNING BIDDER AND OR BUYER MUST EXECUTE THE CONTRACT WITH NO CHANGES, MODIFICATION, ADDITIONS, OR DELETION.
57. THE IDENTITY OF ALL BIDDERS WILL BE VERIFIED. BIDDING RIGHTS ARE PROVISIONAL, AND IF COMPLETE VERIFICATION IS NOT POSSIBLE. ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVE THE RIGHT TO PRECLUDE ANY PERSON FROM BIDDING.
58. BIDDER RESPONSIBILITIES: BIDDER RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED TO: BIDDERS AGREE TO KEEP THEIR USERNAME AND PASSWORD CONFIDENTIAL, AS THY ARE RESPONSIBLE FOR ANY AND ALL ACTIVITY INVOLVING THEIR ACCOUNT. WHEN USING THE WEB SITE YOU MUST OBEY ANY AND ALL LOCAL STATE AND FEDERAL LAWS. VIOLATIONS WILL RESULT IN TERMINATION OF WEB SITE USE PRIVILEGES. AUCTION COMPANY EMPLOYEES AND/OR AUCTION COMPANY MAY BID ON AUCTION. WE GATHER AGGREGATE INFORMATION FROM THE WEB SITE WHICH MAY INCLUDE BUT IS NOT LIMITED TO: NUMBER OF PAGE VISITORS, MOST VISITED PAGES, AND ANY AND ALL CORRESPONDENCE.
59. GUARANTY AGREEMENT: BY SUBMITTING A BID IN THE NAME OF A BUSINESS ENTITY OR CORPORATION, THE INDIVIDUAL SUBMITTING THE BID ENTERS INTO A GUARANTY AGREEMENT WHEREBY HE OR SHE PERSONALLY GUARANTEE EARNEST MONEY AN FULL PAYMENT TO ALEXANDER AUCTIONS & REAL ESTATE SALES.
60. AGE REQUIREMENT: ALL BIDDERS MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER. IN THE EVENT GUNS ARE BEING SOLD, ALL FEDERAL TICS & FFL GUN LAWS APPLY.
61. ALL SALES ARE FINAL. ALL PURCHASERS ARE RESPONSIBLE FOR THE ITEM UPON THE FALL OF THE HAMMER. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT ACCEPT ANY MERCHANDISE BACK BECAUSE YOU HAVE DECIDED THAT YOU DO NOT WANT IT OT YOU MAY DECIDE YOU HAVE OVERPAID FOR IT. IF YOU PURCHASE AN ITEM AND LEAVE AND DO NOT PAY FOR ITEM WE WILL PROCEED TO COLLECT FOR THE ITEM IN A LEGAL MANNER.
62. ALEXANDER AUCTIONS & REAL ESTATE SALE WILL NOT TOLERATE ANY PILFERING OR TAKING OF ANY ITEM OR THEFT OF ANY ITEM. ANY WRONG DOING WILL BE PROSECUTED TO THE FULLEST OF THE LAW.
63. CONDUCT OF AUCTION: ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT , WITHOUT GIVING ANY REASON, TO PUT UP ITEMS OUT OF NUMERICAL SEQUENCE AND TO WITHDRAW ANY ITEM, ITEMS OR LOT FORM THE AUCTION.
64. ANY INDIVIDUAL HERE HAS THE RIGHT TO BID, INCLUDING ANYONE ATTENDING THIS AUCTION OR ANYONE WORKING IN THIS AUCTION INCLUDING EMPLOYEES OF ALEXANDER AUCTIONS. RING PERSONS AND AUCTIONEER.
65. ALL ANNOUNCEMENTS MADE FROM THE AUCTION STAND WILL TAKE PRECEDENCE OVER ANY PREVIOUS ANNOUNCEMENTS OR STATEMENTS.
66. PURCHASER SHALL BE RESPONSIBLE FOR THE LOADING AND MOVING OF THEIR ITEMS. ALEXANDER AUCTIONS & REAL ESTATE SALES DOES NOT FURNISH HELP TO LOAD OR MOVE ITEMS. IN THE EVENT AN EMPLOYEE OF ALEXANDER AUCTIONS & REAL ESTATE SALES SHOULD ASSIST IN THE MOVING OR LOADING OF AN ITEM, ALEXANDER AUCTIONS & REAL ESTATE SALES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR ACCIDENT THAT MAY OCCUR TO THE ITEM OR PERSON THEY ARE ASSISTING.
WE APPRECIATE YOUR ATTENDING THIS AUCTION AND WILL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.
Alexander
AUCTIONS & REAL ESTATE SALES
MARVIN E. ALEXANDER CAI, Auctioneer TL9, FL 107
239 University Street * P O Box 129, MARTIN, TN 38237 * (731) 587-4244
BID AT Website: www.alexanderauctions.com
GUN & KNIFE AUCTION<br>
DECEMBER 6, 2014<br>
123 CHURCH STREET, MARTIN, TN 38237<br>
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LIVE AUCTION SIMULCAST ON-LINE WITH LIVE ON-LINE BIDDING. PRE-AUCTION BIDS WILL BE ENTERED AT LIVE AUCTION. BIDDING WILL NOT CLOSE AND NO LOT OR ITEM WILL BE SOLD UNTIL THE FALL OF THE HAMMER AT THE LIVE AUCTION.<br>
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ALL TICS GUN LAWS AND FEDERAL FIREARMS LAWS APPLY. ALL GUN SALES ARE SUBJECT TO BACKGROUND CHECKS UNLESS YOU HAVE AN FFL LICENSE.<br>
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1. THE PROPERTY LISTED AND DESCRIBED ON THE ATTACHED LIST WILL BE OFFERED UNDER THE FOLLOWING TERMS AND CONDITIONS OF SALE, WHICH TERMS AND CONDITIONS OF SALE AND DESCRIPTIONS OF ITEMS LISTED IN THE ATTACHMENT, MAY BE AMENDED, UPDATED OR ALTERED AT THE TIME AND PLACE OF THE AUCTION FROM THE AUCTION BLOCK. THESE TERMS AND CONDITIONS OF SALE AND ANY ANNOUNCEMENTS FROM THE AUCTION BLOCK SHALL BE BINDING ON ANY BIDDER, WHETHER PRESENT OR REPRESENTED BY AN AGENT, ANY ABSENTEE BIDDER OR ON-LINE BIDDER. BUYERS ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE.<br>
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2. TERMS OF SALE: ALL PROPERTY IS SOLD “AS-IS” AND “WHERE-IS” AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER MAKES ANY EXPRESSED OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD. IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES, THE AUCTIONEER, NOR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PARTICULAR USE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS. NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE AUCTION OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. ALEXANDER AUCTIONS & REAL ESTATE SALES, & THE AUCTIONEER, MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE DESCRIPTIONS OR REPRESENTATIONS WHICH WERE PROVIDED BY THE SELLER AND ARE LISTED ON THE ATTACHED OR AS TO THE CONDITION OF THE ITEM.<br>
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3. REGISTRATION: ALL PROSPECTIVE BIDDERS SHALL PRE-REGISTER FOR A BIDDING NUMBER AND GIVE EVIDENCE OF THEIR CREDIT WORTHINESS.<br>
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4. TO BE AN APPROVED ON-LINE BIDDER AT THIS AUCTION YOU MUST HAVE A VALID VISA OR MASTERCARD CREDIT CARD ON FILE. YOUR CREDIT CARD ON FILE WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION FOR THE FULL AMOUNT OF THE WINNING HAMMER PRICE, PLUS PREMIUMS, PLUS SALES TAX IF APPLIABLE.<br>
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5. THE IDENTITY OF ALL BIDDERS WILL BE VERIFIED. BIDDING RIGHTS ARE PROVISIONAL, AND IF COMPLETE VERIFICATION IS NOT POSSIBLE. ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVE THE RIGHT TO PRECLUDE ANY PERSON FROM BIDDING.<br>
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6. BIDDER CONTRACT: THIS BIDDER CONTRACT ENTERED INTO BETWEEN THE BIDDER WHOSE NAME IS REGISTERED AND SHALL GOVERN THIS AUCTION AND HE/SHE AGREES WITH THEM. ADDITIONAL TERMS MAY BE POSTED OR ANNOUNCED FROM THE AUCTION BLOCK WHICH ARE JUST AS BINDING AS THE BELOW TERMS. FULL PAYMENT: ALL ITEMS MUST BE PAID FOR IN FULL BEFORE BIDDER LEAVES THE PREMISES. NOTHING MAY BE REMOVED UNTIL IT IS SETTLED FOR. PAYMENT FOR PURCHASES MUST BE MADE BY CASH, CASHIER’S CHECK, BY PERSONAL CHECK OR BUSINESS CHECK. LETTERS OF GURANTEE MUST BE FOR THIS AUCTION ONLY, ALONG WITH PROOF OF IDENTITY. BIDDER AGREES NOT TO STOP PAYMENT ON CHECKS OR DISALLOW A BANK DRAFT AND IS RESPONSIBLE FOR ANY EXPENSES DUE TO COLLECTION OF BAD CHECK. IN THE EVENT OF NON-PAYMENT OF BAD CHECK, THE AUCTIONEER RESERVES THE RIGHT TO REPOSSESS AT ANY TIME, AT YOUR LOCATION, THE MERCHANDISE INVOLVED.<br>
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7. THE SALE OF ANY ITEM WILL NOT BE CLOSED AND SOLD UNLESS AND UNTIL IT IS OFFERED AT THE LIVE AUCTION.<br>
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8. ALL BIDS ARE MADE SUBJECT TO THE ACCEPTANCE OF THE AUCTIONEER. NO BIDS SHALL BE DEEMED A VALID BID UNTIL ACCEPTANCE BY THE AUCTIONEER. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER.<br>
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9. ALL BIDS ARE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER.<br>
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10. ITEMS WITH A TIE BID ONLINE AND A LIVE BID ON THE FLOOR MAY BE SOLD TO AN ON-SITE BIDDER.<br>
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11. THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER’S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMIAL, SUSPICIOUS AND/OR SUSPECT ADVANCES. THE AUCTIONEER WILL DETERMINE THE HIGHEST BID RECEIVED AND THE BUYER OF THE ITEM.<br>
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12. ALL ITEMS ARE SUBJECT TO SELLER’S CONFIRMATION UNLESS NOTED AS ABSOLUTE.<br>
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13. ALEXANDER AUCTIONS RETAINS THE RIGHT TO WITHDRAW OR REGROUP ANY ITEM IN THE AUCTION.<br>
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14. ALEXANDER AUCTION RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS FOR ANY REASON. ALEXANDER AUCTIONS RESERVES THE RIGHT TO CANCEL THE AUCTION OF ANY ITEM EVEN IF A BID HAS BEEN PLACED.<br>
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15. ALEXANDER AUCTIONS RESERVES THE RIGHT TO CHANGE THE ORDER OF AUCTION AS THEY SEE FIT.<br>
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16. ALEXANDER AUCTIONS IS NOT RESPONSIBLE AND IS NOT LIABLE FOR ANY BIDS WHICH DO NOT GET SUBMITTED. <br>
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17. ON-SITE BIDDING: A 10% BUYER'S PREMIUM WILL BE ADDED TO THE FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS THAT ARE PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, WIRE TRANSFER OR PERSONAL CHECK. <br>
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18. ON- SITE BIDDING: A 13% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS THAT ARE NOT PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, WIRE TRANSFER OR PERSONAL CHECK. WE ACCEPT VISA AND MASTER CARD ONLY FOR ON-SITE BIDDING.<br>
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19. INTERNET BIDDING ON-LINE & ABSENTEE BIDDING: A 10% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS THAT ARE PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, WIRE TRANSFER. <br>
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20. INTERNET BIDDING ON-LINE & ABSENTEE BIDDING: A 13% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID OF EACH ITEM TO REACH THE TOTAL SALES PRICE OF ALL TIMES THAT ARE NOT PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, OR WIRE TRANSFER. WE ACCEPT VISA AND MASTERCARD ONLY. <br>
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21. ON-LINE & ABSENTEE BIDDING: YOUR CREDIT CARD WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION.<br>
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22. IF YOUR CREDIT CARD IS DENIED THERE WILL A $30.00 CHARGE DUE ALEXANDER AUCTIONS & REAL ESTATE SALES.<br>
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23. PAYMENT: PAYMENT MUST BE MADE ON ALL PURCHASES IN FULL AT SALE CONCLUSION. ALL PAYMENTS ARE TO BE MADE IN U.S. CURRENCY. ALL BUYERS AGREE TO PAY FOR THEIR PURCHASES NO LATER THAN THE DAY OF THE AUCTION, UNLESS OTHER ARRANGEMENTS HAVE BEEN MADE, BY CASHIER’S BANK CHECK, CERTIFIED BANK CHECK, OR IRREVOCABLE LETTER OF GUARANTEE IN FAVOR OF ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY. PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES OR BY OWNER. <br>
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24. ALL ON-LINE OUT OF STATE PURCHASES MUST BE TRANSFERRED TO A FEDERAL FIREARMS LICENSED DEALER IN BUYER’S RESPECTIVE STATE FOR ANY FIREARM. A LEGIBLE CURRENT FFL (FEDERAL FIREARM LICENSE) SIGNED BY THE LICENSEE MUST BE EMAILED, MAILED OR FAXED INCLUDING THE FFL NUMBER, EXPIRATION DATE, ADDRESS OF LICENSEE AND BIDDER’S NAME. FAX MUST BE LEGIBLE.<br>
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FAX (731) 587-2698 EMAIL: [email protected]<br>
MAIL TO: ALEXANDER AUCTIONS & REAL ESTATE SALES <br>
P. O. BOX 129, MARTIN, TN 38237-0129 <br>
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25. ALL HANDGUNS PURCHASED ON-SITE BY AN OUT OF STATE RESIDENT MUST BE SENT AND TRANSFERRED TO A LICENSED FFL DEALER IN THE STATE OF RESIDENCE.<br>
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26. SHIPPING: THE SHIPPING CHARGES ARE THE RESPONSIBILITY OF THE WINNING BIDDER. THE SHIPPING COMPANY WILL VARY DEPENDING ON THE ITEMS PURCHASED EITHER UPS OR THE UNITED STATES POSTAL SERVICE WILL BE USED. THE COST OF SHIPPING WILL BE DETERMINED BY THE CARRIER.<br>
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27. PACKING CHARGES AND INSURANCE CHARGES ARE THE RESPONSIBILITY OF THE WINNING BIDDER. MINIMUM PACKING CHARGES OF $10.00 PER GUN OR ITEM PLUS COST OF BOXES AND SUPPLIES.<br>
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28. SHIPPING & PACKING CHARGES ARE CHARGED SEPARATELY TO THE CREDIT CARD ON FILE. <br>
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29. IF YOU WOULD LIKE YOUR ITEMS TO BE SHIPPED WITHOUT INSURANCE, PLEASE CONTACT THE AUCTION COMPANY IMMEDIATELY FOLLOWING THE AUCTION.<br>
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30. ITEMS WILL BE SHIPPED 7 TO 14 DAYS AFTER THE ITEM IS PAID FOR AND THE PAYMENT IS DEPOSITED IN ALEXANDER AUCTIONS & REAL ESTATE SALES ESCROW ACCOUNT AND THE FFL IS RECEIVED IF A FIREARM IS PURCHASED. WE MUST HAVE A FFL DEALER’S LICENSE BEFORE WE CAN SHIP ANY FIREARM. <br>
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31. REFRESH BIDDING: REFRESH YOUR SCREEN CONSTANTLY DURING THE CLOSING MINUTES OF THE BIDDING, OR ENABLE THE “AUTO REFRESH” FEATURE.<br>
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32. AUCTIONEER’S DISCRETION: ALEXANDER AUCTIONS & REAL ESTATE SALES HAS FULL DISCRETION TO MODIFY DATE AND TIME, ORDER, AND DETAILS OF THE AUCTION FOR ANY REASON OR NO REASON AT ALL, INCLUDING BUT NOT LIMITED TO TECHNICAL ISSUES, EMERGENCIES, AND CONVENIENCE OF ALEXANDER AUCTIONS & REAL ESTATE SALES OR THE SELLER. ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT TO MODIFY, CHANGE OR REMOVE USERNAMES AT ANY TIME.<br>
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33. SERVER & SOFTWARE TECHNICAL ISSUES: IN THE EVENT THAT THERE ARE TECHNICAL DIFFICULTIES RELATED TO THE SERVER, SOFTWARE OR ANY OTHER ONLINE AUCTION-RELATED TECHNOLOGIES. ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT TO EXTEND BIDDING, CONTINUE THE BIDDING, OR CLOSE THE BIDDING. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR ALEXANDER AUCTIONS & REAL ESTATE SHALL SALES BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. EMAIL NOTIFICATIONS MAY BE SENT TO REGISTERED BIDDERS WITH UPDATED INFORMATION AS DEEMED NECESSARY BY ALEXANDER AUCTIONS & REAL ESTATE SALES.<br>
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34. IF YOU HAVE ANY PROBLEMS WITH THE WEBSITE, CALL MARKNET CUSTOMER SERVICE AT 1-888-307-6545 AND ALEXANDER AUCTIONS (731) 587-225-1157.<br>
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35. WARRANTY: ALL ITEMS ARE SOLD AS IS, WHERE IS, WITHOUT GUARANTEE OF ANY KIND. NO WARRANTY OF QUALITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR INTENDED USE OR ANY PARTICULAR PURPOSE OR PARTICULAR USE IS GIVEN. ALL MERCHANDISE IS EITHER NEW OR USED. ALL SALES ARE FINAL!! NO RETURNS OR CHARGE BACKS ALLOWED!! RETURNS AND CHARGE BACKS WILL RESULT IN A BLACK FLAG WITH MARKNET ALLIANCE.<br>
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36. DESCRIPTION TAKE PRECEDENCE OVER THE PICTURE.<br>
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37. THE DESCRIPTIONS OF ITEMS APPEARING IN ADVERTISING PRIOR TO THIS AUCTION ARE BELIEVED TO BE CORRECT. NEVERTHELESS, NEITHER THOSE DESCRIPTIONS NOR ANY ORAL STATEMENTS MADE BY THE OWNER (OR HIS AGENTS OR OFFICERS) OR THE AUCTIONEERS (OR HIS AGENTS OR OFFICERS) CONCERNING ANY ITEM SHALL BE CONSTRUED AS WARRANTY, EITHER EXPRESSED OR IMPLIED, BIDDER AGREES TO INSPECT THE ITEMS THEY ARE BIDDING ON AND TO SATISFY THEMSELVES AS TO THE PROPER NAME, AGE AND CONDITION OF THE ITEM. I, THE BIDDER, HAVE EXAMINED THIS MERCHANDISE AND ACCEPT IT IN “AS IS” CONDITION.<br>
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38. CONDITION OF EQUIPMENT AND ITEMS SOLD: ALL INFORMATION IS BELIEVED TO BE ACCURATE, BUT NEITHER THE AUCTIONEER NOR THE SELLER SHALL BE RESPONSIBLE FOR THE CORRECT DESCRIPTION, GENUINENESS, AUTHENTICITY OF, OR DEFECT IN ANY LOT, AND MAKES NO WARRANTY IN CONNECTION THEREWITH. NO SALE SHALL BE SET ASIDE NOR ALLOWANCE MADE ON ACCOUNT OF ANY INCORRECTNESS, ERROR IN CATALOGING, OR ANY IMPERFECTION NOT NOTED. NO ADJUSTMENT WILL BE ALLOWED ON DAMAGED ARTICLES, ALL ITEMS ARE AVAILABLE FOR INSPECTION AND SOLD “AS IS” WITHOUT RECOURSE.<br>
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39. DISPUTES: THE AUCTIONEER SHALL DESIGNATE THE WINNING BIDDER AFTER EACH ITEM IS AUCTIONED. IF A DISPUTE ARISES BETWEEN TWO OR MORE BIDDERS, THE AUCTIONEER RESERVES THE RIGHT TO REOPEN THE BIDDING. THE AUCTIONEER’S DESIGNATION OF A BUYER SHALL BE FINAL. FAILURE TO COMPLY: IF SUCCESSFUL BIDDER FAILS TO COMPLY WITH WRITTEN AGREEMENT OR PAYMENT AS REQUIRED, THE SUCCESSFUL BIDDER SHALL BE LIABLE TO DEFICENENCY IN SELLING PRICE, ATTORNEY FEES, OR ANY OTHER DAMAGES THEY MAY OCCUR AS RESULT OF NONCOMPLIANCE BY BIDDER.<br>
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40. ANY DISPUTE BETWEEN ALEXANDER AUCTIONS & REAL ESTATE SALES, ITS AGENTS OR REPRESENTATIVES AND THE BUYER(S) WILL BE TRIED IN A COURT OF JURISDICTION IN WEAKLEY COUNTY, TN. BY BIDDING ON ANY ITEM, BUYER AGREES TO ALL TERMS AND CONDITION SET FORTH. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.<br>
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41. ATTORNEY FEES: IN AN ACTION OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO REASONABLE ATTORNEY FEES AND COST.<br>
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42. UCC SECTION 2-328 (4) DISCLAIMER: SECTION 2-328(4) OF THE UCC STATES, “IF THE AUCTIONEER KNOWINGLY RECEIVED A BID ON THE SELLER’S BEHALF OR THE SELLER MAKES OR PROCURES SUCH A BID, AND NOTICE HAS NOT BEEN GIVEN THAT LIBERTY FOR SUCH BIDDING IS RESERVED, THE BUYER MAY AT HIS OPTION AVOID THE SALE OR TAKE THE GOODS AT THE PRICE OF THE LAST GOOD FAITH BID PRIOR TO THE COMPLETION OF THE SALE”.. ACCORDINGLY, THE SELLER AND THEIR AGENTS, HEREBY, RESERVE THE RIGHT TO BID AT TODAY’S AUCTION.<br>
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43. BUYER’S RESPONSIBILITY: AFTER A BIDDER HAS WON THE BID WITH HIS/HER HIGH BID; THEY HAVE BECOME THE NEW OWNERS OF THE ITEM, EVEN THOUGH THEY MAY NOT HAVE PAID FOR THE ITEM YET. THE ITEM(S) BECOMES THE FULL AND SOLE RESPONSIBILITY OF THE BUYER AT THIS POINT AND BUYER ASSUMES ALL RISK OR LOSS AND DAMAGE. BUYERS SHOULD GUARD THEIR ITEMS ACCORDINGLY. BUYER SHOULD INSURE THEIR PURCHASES IMMEDIATELY AFTER PURCHASE.<br>
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44. INJURY AND DAMAGE: BIDDER ACKNOWLEDGES RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE BIDDER OR HIS AGENT, AND FURTHER AGREES TO HOLD ALEXANDER AUCTIONS AND THE AUCTIONEERS HARMLESS FROM ANY PERSONAL INJURY TO HIMSELF OR HIS AGENTS AND ANY PROPERTY DAMAGE INCURRED ON AUCTION PREMISES<br>
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45. HOLD HARMLESS: BUYER AND/OR BIDDER AGREES TO HOLD HARMLESS AND INDEMNIFY ALEXANDER AUCTIONS & REAL ESTATE SALES AND ITS AGENTS, OWNERS, DIRECTORS, EMPLOYEES AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIM DAMAGES OR SUITS INCLUDING BUT NOT LIMITED TO AWARDS, JUDGMENTS, COST, FEES, ETC.<br>
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46. AGENCY: THE AUCTIONEERS ARE ACTING AS THE OWNER’S AGENT ONLY.<br>
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47. RESERVE: ALL ITEMS ARE SOLD WITH RESERVE UNLESS STATED OTHERWISE. IF RESERVE ITEM DOES NOT MEET SET PRICE, ITEM MAY BE PASSED OR SELLER MAY CONFIRM PRICE.<br>
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48. WRITTEN MATERIAL: ANY WRITTEN MATERIAL SUPPLIED TO YOU SHOULD BE USED AS A GUIDE ONLY. ITEMS HAVE BEEN IDENTIFIED AND DESCRIBED BASED ON INFORMATION AVAILABLE TO US BUT MAY NOT BE ACCURATE.<br>
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49. ABSENTEE BIDDERS: AUCTIONEER MAY BID OR HAVE SOMEONE BID ON BEHALF OF ABSENTEE BIDDER. CREDIT CARD NUMBER MUST BE LEFT WITH MARKNET AND ALEXANDER AUCTIONS UNLESS BIDDER HAS MADE DIFFERENT ARRANGEMENTS WITH ALEXANDER AUCTIONS & REAL ESTATE SALES<br>
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50. BIDDERS WHO BID 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 BIDDER’S RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE OR ANY OTHER DETERMINATIVE FACTOR.<br>
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51. ALEXANDER AUCTIONS IS PROVIDING INTERNET PRE-AUCTION BIDDING AND SIMULCAST LIVE ON-LINE 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 ALEXANDER AUCTIONS & REAL ESTATE SALES OR ANYONE ELSE IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY BEFORE OR DURING THE AUCTION.<br>
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52. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS FROM ANY SOURCE.<br>
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53. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED THEIR BID IS ACKNOWLEDGED SHOULD USE THE PROXY-BIDDING FEATURE AND LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION BEGINS.<br>
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54. ON-LINE BIDDER RESPONSIBILITIES: BIDDER RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED TO: BIDDERS AGREE TO KEEP THEIR USERNAME AND PASSWORD CONFIDENTIAL, AS THY ARE RESPONSIBLE FOR ANY AND ALL ACTIVITY INVOLVING THEIR ACCOUNT. WHEN USING THE WEB SITE YOU MUST OBEY ANY AND ALL LOCAL STATE AND FEDERAL LAWS. VIOLATIONS WILL RESULT IN TERMINATION OF WEB SITE USE PRIVILEGES. AUCTION COMPANY EMPLOYEES AND/OR AUCTION COMPANY MAY BID ON AUCTION. WE GATHER AGGREGATE INFORMATION FROM THE WEB SITE WHICH MAY INCLUDE BUT IS NOT LIMITED TO: NUMBER OF PAGE VISITORS, MOST VISITED PAGES, AND ANY AND ALL CORRESPONDENCE.<br>
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55. GUARANTY AGREEMENT: BY SUBMITTING A BID IN THE NAME OF A BUSINESS ENTITY OR CORPORATION, THE INDIVIDUAL SUBMITTING THE BID ENTERS INTO A GUARANTY AGREEMENT WHEREBY HE OR SHE PERSONALLY GUARANTEEE EARNEST MONEY AN FULL PAYMENT TO ALEXANDER AUCTIONS & REAL ESTATE SALES.<br>
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56. MULTIPLE ITEM LOTS: SOME LOTS ARE SOLD AS A SINGLE LOT AND SOME LOTS ARE SOLD INDIVIDUALLY (TIMES THE MONEY PER PIECE).<br>
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57. REMOVAL OF PROPERTY OR STORAGE: NONE OF THE PROPERTY MAY BE REMOVED FROM THE PREMISES UNTIL THE TOTAL PURCHASE PRICE HAS BEEN PAID. ANY ITEMS LEFT AND NOT REMOVED FROM THE PRESMISES REMAIN AT THE SOLE RISK OF THE BUYER.<br>
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58. ALL ITEMS ARE AVAILABLE FOR YOUR VIEWING BEFORE THE ITEM IS OFFERED FOR AUCTION AND YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO THAT YOU ARE SATISFIED WITH THEIR CONDITION. ANY AND ALL INSPECTIONS THAT A BUYER MAY WANT MUST BE COMPLETED AT BUYER’S EXPENSE PRIOR TO THE CLOSE OF THE ONLINE BIDDING. ALEXANDER AUCTIONS & REAL ESTATE SALES, AGENTS, REPRESENTATIVES OR EMPLOYEES MAY BID. ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT TO SELL TO THE NEXT HIGHEST QUALIFIED BIDDER AND OR BUYER IF THE WINNING BIDDER AND OR BUYER IS IN DEFAULT OF THESE ITEMS. WINNING BIDDER AND OR BUYER MUST EXECUTE THE CONTRACT WITH NO CHANGES, MODIFICATION, ADDITIONS, OR DELETION.<br>
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59. AGE REQUIREMENT: ALL BIDDERS MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER. IN THE EVENT GUNS ARE BEING SOLD, ALL FEDERAL TICS & FFL GUN LAWS APPLY.<br>
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60. ALL SALES ARE FINAL. ALL PURCHASERS ARE RESPONSIBLE FOR THE ITEM UPON THE FALL OF THE HAMMER. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT ACCEPT ANY MERCHANDISE BACK BECAUSE YOU HAVE DECIDED THAT YOU DO NOT WANT IT OR YOU MAY DECIDE YOU HAVE OVER PAID FOR THE ITEM. IF YOU PURCHASE AN ITEM AND LEAVE AND DO NOT PAY FOR ITEM WE WILL PROCEED TO COLLECT FOR THE ITEM IN A LEGAL MANNER.<br>
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61. ALEXANDER AUCTIONS & REAL ESTATE SALE WILL NOT TOLERATE ANY PILFERING OR TAKING OF ANY ITEM OR THEFT OF ANY ITEM. ANY WRONG DOING WILL BE PROSECUTED TO THE FULLEST OF THE LAW.<br>
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62. CONDUCT OF AUCTION: ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT , WITHOUT GIVING ANY REASON, TO PUT UP ITEMS OUT OF NUMERCIAL SEQUENCE AND TO WITHDRAW ANY ITEM, ITEMS OR LOT FORM THE AUCTION.<br>
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63. ANY INDIVIDUAL HERE HAS THE RIGHT TO BID, INCLUDING ANYONE ATTENDING THIS AUCTION OR ANYONE WORKING IN THIS AUCTION INCLUDING EMPLOYEES OF ALEXANDER AUCTIONS. RING PERSONS AND AUCTIONEER.<br>
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64. ALL ANNOUNCEMENTS MADE FROM THE AUCTION STAND WILL TAKE PRECEDENCE OVER ANY PREVIOUS ANNOUNCEMENTS OR STATEMENTS.<br>
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65. PURCHASER SHALL BE RESPONSIBLE FOR THE LOADING AND MOVING OF THEIR ITEMS. ALEXANDER AUCTIONS & REAL ESTATE SALES DOES NOT FURNISH HELP TO LOAD OR MOVE ITEMS. <br>
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66. ANY PROSPECTIVE BIDDER WHO REGISTERS FOR A BIDDER NUMBER AND BIDS ACCEPTS THE TERMS AND ANY ADDITIONAL TERMS ANNOUNCED AT THE AUCTION.<br>
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WE APPRECIATE YOUR ATTENDING THIS AUCTION AND WILL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.<br>
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Alexander <br>
AUCTIONS & REAL ESTATE SALES<br>
MARVIN E. ALEXANDER CAI, Auctioneer TL9, FL 107<br>
239 University Street * P O Box 129, MARTIN, TN 38237 * (731) 587-4244<br>
BID AT Website: www.alexanderauctions.com