Auction Terms & Conditions Pick up shall be Monday, October 19, 2020 from 12:00 PM to 5:00 PM. Pickup location will be at A & P Armory, 25232 Hardin Store Road, Magnolia, TX 77354.
Shipping is available on ALL items in this Auction (please call the A & P Armory @ 832-514-6797 for further details). Cards will be processed for payment immediately following the auction close including the 16% Buyers premium. Any person participating or registering for a The Oaks of Montgomery Auctions (OAKS) agrees to be bound by and accepts these terms and conditions. OAKS herein refers to and includes, the company, its representatives, officers, directors, stockholders, members, managers, employees, consultants, agents, and affiliates. Any announcements or corrections made during a specific auction supersede the terms of this Payment and Bidder Agreement for such auction. THIS AGREEMENT BINDS YOU TO ARBITRATION AND BY AGREEING TO THE TERMS HEREIN YOU ARE GIVING UP YOUR RIGHT TO BRING A LAWSUIT AGAINST WA. All items are sold AS IS, WHERE IS WITH ALL FAULTS. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR, AS APPLICABLE, DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are the opinions of OAKS, and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. OAKS believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. OAKS attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from OAKS that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question. We are not affiliated with any government entity and not all of the items sold were seized. Items sold by us are sourced from multiple channels and there are no assurances that any of the items being sold have been seized. 2. Neither OAKS nor the consignor, as applicable, make any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, and completeness, condition of property or estimate of value. Any appraisals, Estimates (as defined herein) or evaluations provided are solely for the convenience of the bidder and OAKS makes no warranties of any kind relating to them. Appraisals may include valuations, which reflect the full, highest retail price of the item in a specific geographic region. The terms Estimate or Estimated Value (collectively "Estimate") as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. Similarly, no appraisal value should be considered to represent the actual resale value, insurance replacement value, or cost of a similar good. No statement (oral or written) shall be deemed such a warranty or representation, or any assumption of responsibility. In no circumstance will a vastly different appraisal or estimate of any third-party given on behalf of a purchaser in a OAKS auction be grounds for a return, cancellation or refund. All measurements given are approximate and within industry standards and customs. 3. In no event shall OAKS's liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall OAKS have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of OAKS 4. The bidder assumes full responsibility for items at the fall of the hammer (or expiration of time in an online auction). A bid entered by mistake on the part of a bidder is NOT grounds for a cancellation of the bid. Each bidder is responsible for his or her own account and bids. By allowing access to another who enters a bid without your knowledge will NOT be grounds for a rescission of the bid(s). Therefore, any bid made on your account will bind you to the bid in accordance with these terms. If an entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid. 5. All bids are subject to (i) a non-refundable 15% buyer's premium which shall be added to a successfully placed bid upon sale of each lot, (ii) any applicable local sales tax. 6. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by OAKS. In the event that any reserve price of a lot is not exceeded by any bidder's bid, OAKS, in its sole discretion, with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of bidder at any time during an auction and accept the bid made by bidder. Reserve prices are always the confidential information of OAKS and are not disclosed to bidders unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the bidder understands and agrees that the bid, once accepted by OAKS, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded by the bid. All bids are binding, irrevocable and non-cancelable by bidder. OAKS has final discretion on sale of a lot. The decisions of OAKS are final. In the unlikely event that we lose our internet connection, OAKS reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 7. PAYMENT: We accept bank wire transfers, personal or company check, cashier's check, money order, Visa, MasterCard, Discover and American Express. and PayPal. If paying by check, money order, or cashier's check, OAKS reserves the right to hold all purchases until the check has cleared to the satisfaction of OAKS and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. IF IN ITS SOLE DISCRETION OAKS AGREES TO REFUND A PURCHASE YOU WILL BE CHARGED A 15% RESTOCKING FEE OF THE HAMMER PRICE AND YOU WILL STILL BE RESPONSIBLE FOR SHIPPING AND HANDLING FEES AS WELL AS RETURN SHIPPING. THE PREVIOUSLY PAID BUYER'S PREMIUM IS NOT REFUNDABLE. PLEASE BID RESPONSIBLY AND DIRECT ANY QUESTIONS YOU MAY HAVE PRIOR TO PLACING A BID. 8. LIQUIDATED DAMAGES: IN THE EVENT THAT YOU BID AND ARE DEEMED THE WINNER OF AN ITEM BY OAKS, BUT FAIL TO MAKE PAYMENT IN ACCORDANCE WITH THE INVOICE SENT TO YOU OR CLAIM A DISPUTE WITH ANY THIRD-PARTY PAYMENT INTERMEDIARY, SUCH AS A CREDIT CARD COMPANY, YOU WILL BE ASSESSED A CHARGE OF 15% OF THE HAMMER PRICE AS LIQUIDATED DAMAGES. BY BIDDING ON ANY SUCH LOT YOU HEREBY AGREE TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES AS A RESULT OF THE IRREPARABLE HARM THAT WILL BE SUSTAINED BY OAKS. FURTHERMORE, IN THE EVENT THAT A WINNING BIDDER FAILS TO MAKE ANY PAYMENTS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE LIQUIDATED DAMAGES DESCRIBED HEREIN, WE RESERVE THE RIGHT TO REPORT SUCH NONPAYMENT TO CREDIT AND COLLECTION AGENCIES IN OUR SOLE DISCRETION. 10. OAKS reserves the right to reject any bid at any time and at his sole discretion. OAKS additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. OAKS reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 10. On the fall of the auctioneer's hammer (or expiration of time in an online auction), ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon, a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full Purchase Price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total Purchase Price if payment is not made in accordance with the conditions set forth herein. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including, without limitation, the right to hold the purchaser liable for the total Purchase Price, we at our option may, a) cancel the sale, retaining all payments made by the purchaser, b) resell the property at public auction with or without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder, c) reject future bids from the buyer or render such bids subject to payment of a deposit, d) charge interest at 18% per annum from the date payment became due until the date the Purchase Price is received in cleared funds, e) subject to notification of the buyer, exercise a lien over any of the buyer's property which is in the possession of OAKS and no earlier than 30 days from the date of such notice, arrange the sale of such property and apply the proceeds to the amount owed to OAKS or any of our affiliated companies after the deduction from sale proceeds of our standard commission rates and sale-related expenses, f) commence legal proceedings to recover the Purchase Price, together with interest and the costs of such proceedings, g) set off the outstanding amount remaining unpaid by the buyer against any amounts which OAKS, or our affiliated companies, may owe the buyer in any other transactions, or h) take such other action as we deem necessary or appropriate. In the event that such a buyer pays a portion of the Purchase Price for any or all lots purchased, OAKS shall apply the payment received to such lot or lots that OAKS, in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees, costs and expenses associated with an attempted collection of payment from purchaser. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. Furthermore, in the event that a purchaser fails to make any payments under these terms and conditions, a 15% charge as liquidated damages will be administered as described in Section 8. We hereby reserve the right to report such non-payment to credit and collection agencies in our sole discretion. 11. OAKS Employees reserve the right to bid on any lot(s). Unless explicitly stated otherwise, all lots are subject to a reserve price that shall be hidden from all bidders. OAKS shall act to protect the reserve by bidding in the auction process if needed. OAKS may open bidding on any lot below the reserve by placing its own bid. OAKS may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. 12. If any dispute occurs between a bidder and OAKS that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of Texas. OAKS shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration, which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. In the event that an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in an OAKS auction, bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder's SOLE means to resolve any and all disputes, which may arise with OAKS. By doing so bidder specifically agrees that bidder will not file a dispute of any kind with an online venue, a credit card, or any other third-parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that bidder will pay OAKS a minimum of $300 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of OAKS's approval of the application of the bidder to bid in OAKS's auction, bidder confesses judgment to fraud having been committed by bidder against OAKS and further agrees that bidder is liable to OAKS for all damages, losses and costs, including time charges, resulting. 14. The bidder hereby waives, releases, remises, acquits, and forever discharges OAKS and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. OAKS or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding. 14. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. 16. These terms and conditions, the contents of any listing and the contractual relationship between OAKS and any bidder shall be interpreted under and governed by the laws of the State of Texas. **IMPORTANT - PLEASE READ** AS YOU HAVE ACKNOWLEDGED BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AUCTION, THERE ARE NO REFUNDS OR EXCHANGES. IN THE EVENT THAT YOU REQUEST AND ARE GRANTED BY OAKS, A RETURN OR REFUND, YOU AGREE THAT YOU ARE STILL RESPONSIBLE FOR PAYING A 15% RESTOCKING FEE BASED ON THE HAMMER PRICE OF EACH ITEM THAT IS RETURNED, LESS APPLICABLE TAXES, PLUS THE ENTIRE BUYER'S PREMIUM FOR EACH ITEM AS WELL AS ALL OF THE SHIPPING/HANDLING CHARGES. ACCORDINGLY, THE RESTOCKING FEE, BUYER'S PREMIUM, AND ANY SHIPPING AND HANDLING COSTS ARE NEVER ELIGIBLE FOR A RETURN OR REFUND. IN THE EVENT THAT YOU REFUSE PAYMENT FOR A WINNING BID YOU WILL BE SUBJECT TO A 15% LIQUIDATED DAMAGES CHARGE OF THE HAMMER PRICE AS MORE FULLY DESCRIBED IN SECTION 8 HEREIN.
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