ESTATE GUN AUCTION ONLINE

Bidding Terms & Conditions

online only auction

Guns, Ammunition and Miscellaneous

bidding ends THURSDAY ~ NOVEMBER 2^ND , 2023 at 6 p.m.

All bidders must review these Auction Terms and Conditions

1.        The property listed and described in 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 Alexander Inventory, may be amended, updated or altered at the time and place of the Auction by the Auctioneer and the Seller. 

2.        The consignors in this auction are Ted Morhart Collection, Smith Family Owners and Harry Caudle.

3.        These Terms and Conditions of Sale and any announcements posted on Alexander Auctions & Real Estate Sales’ website shall be binding on any bidder, whether present, represented by an agent or absentee bidder.  Buyers are bound by these Terms and Conditions of Sale.

4.        TERMS OF SALE:  All property is sold “As Is” and “Where Is” and neither Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Sellers 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 Sellers 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 posted on Alexander Auctions & Real Estate Sales’ website or in the bill of sale or invoice or elsewhere, whether oral or written, shall be deemed such a warranty or representation or any 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 Sellers and listed on the attached or as to the condition of the item.

5.        CONDITIONS OF ITEMS SOLD:  All information is believed to be accurate, but the Auctioneer shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith.  No allowances will be made or sale set aside on account of any incorrectness, error in cataloguing or any imperfection not noted.  No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “As Is” and without recourse.

6.        LOCATION FOR PICKUP:  Alexander Auctions & Real Estate building on 123 Church Street, Martin, TN 38237.

7.        BUYER’S PREMIUM:

A.        A 10% Buyer’s Premium will be added to the final bid of each item to reach the total sales price of the item.

B.        Credit cards will not be accepted for any amount over $500.00 for a single item or any invoice with a total of $500.00 including the Buyer’s Premium.

C.        A 15% Buyer’s Premium will be added to the final bid of each item paid for by Visa, Mastercard or Discover only.

8.        SALES TAX:  Will not be collected on any item in this auction.

9.        GUNS LAWS:  FFL (Federal Firearm License) Law Apply.  All Gun Sales are subject to ATF background approval and a $10.00 TIC fee for Buyers paying onsite.

10.   Online Out-of-state purchases must be transferred to a Federal Firearms Licensed Dealer in Buyer’s  respective state for any firearm if they are to be shipped.    The Buyer’s Dealer’s FFL (Federal Firearm License) must be emailed or mailed with the Purchaser’s name.  Email requested because a fax is not always clear and is hard to read.  This is for long guns only!

11.   LONG GUNS CAN BE PICKED UP ONSITE WITH THE APPROVAL OF THE ATF BACKGROUND CHECK IF YOU RESIDE IN A STATE THAT ALLOWS THIS TYPE TRANSFER.

12.   Log-In or Register online at www.alexanderauctions.com.  When you register you are agreeing to these Terms and any additional Terms posted on Alexander Auction’s website.

13.   There are two catalogs in this auction. 

a.         Items in the Catalog 1 sell under the “Extend-All “bidding rules with a 5 minute extension. 

b.        Some items in the Catalog 2 sell under the “Extend-All” bidding rules for the boat and furniture lots.    Only the lots which receive a bid in the last (5) minutes will extend (5) more minutes and remain open.

14.   EXTEND ALL DYNAMIC BIDDING (1^ST CATALOG – LOTS 1 THROUGH 98):  Each time a bid is placed on an item in the final (5) minutes of the auction, bidding time for all lot in the auction catalog will extend (5) minutes and all lots will remain open for bidding until no bids are placed in the last (5) minutes on any lot.  All lots will close at the same time when no bid is placed on any lot in the last (5) minutes.

15.   EXTENDED BIDDING ON INDIVIDUAL LOT (2^ND CATALOG – LOTS 1 THROUGH END LOT :  Each time a bid is placed on an item in the final five (5) minutes of the auction, bidding time for that item will be automatically extended five (5) minutes from the time the bid was placed on that lot.  Example:  if an auction is scheduled to end at 12 p.m. and an item receives a bid at 11:59 p.m., the closing time of that item automatically extends to 12:05 p.m. The auto-extend feature remains active on that lot until no further bids.

16.     alexander auctions may increase or decrease the bidding extension time.

17.   PARTICIPATION REQUIREMENTS FOR BIDDING NUMBER:   Valid Credit Card required for bidding approval.

18.   PAYMENT:  All purchases must be paid for no later than 24 hours after the Auction closes.

19.   All payments must be made in U.S. Currency by cash, wire transfer or personal check with current Letter of Guarantee made to Alexander Auctions & Real Estate Sales or by credit card within the $500.00 total limit. 

20.   BANK LETTER OF GUARANTEE  must be made to Alexander Auctions & Real Estate Sales and not to “Whom it May Concern”.  Letters must state that your bank or institution will guarantee a check up to $_________ (amount to be inserted).  (Do not include amount in your checking account or savings account.) ** See Sample Bank Letter of Guarantee on Alexander Auctions & Real Estate Sales’ website. 

21.   ONLINE & ABSENTEE BIDDING:  Your credit card will be charged immediately following the Auction for items which credit cards are accepted payment up to $500.00 total for an item or the total for all items. 
If your credit card is denied, there will be a $30.00 charge.

22.   Purchaser agrees not to stop payment on checks, stop payment on credit cards or disallow a bank draft.  Purchaser is responsible for any expenses due to collection of bad check or non-payment.  In the event of non-payment of bad check, the Auctioneer reserves the right to repossess the merchandise involved at any time at your location.

23.   BIDDER’S CONTRACT:  The bidder’s contract is entered into between the bidder whose name is registered and Alexander Auctions & Real Estate Sales.  He/She agrees with the Terms and Conditions by registering for a bidder’s number.  Additional Terms, which may be posted or announced from the Auction block, are just as binding as the printed Terms and Conditions.

24.   The successful bidder not attempting to settle their invoice after the conclusion of the Auction will be considered in default and will be black flagged in our database and in Marknet Alliance.  Alexander Auctions & Real Estate Sales reserves the right to sell to the next highest qualified bidder or any other or new bidder in the event the successful bidder does not comply with the terms of the sale. 

25.   REMOVAL & PICKUP:  No item can be removed until total payment price is paid.  Purchases paid for in cash may be removed following the auction.  Items can be picked up by appointment on site on Friday, November 3^rd, 2023 between 9:00 a.m. and 5:00 p.m. by Appointment Only and Saturday, November 4^th, 2023 between 9 a.m. to 12:00 p.m. by Appointment  Only.

26.   NOMINAL BIDS:  Any bid which is merely a nominal or fractional advance may be rejected by the Auctioneer, if in his judgment it may affect the sale negatively.

27.   All bids are subject to acceptance by the Auctioneer.  No bid shall be deemed a valid bid until accepted by the Auctioneer.  All bids are accepted at the sole discretion of the Auctioneer.

28.   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 nominal, suspicious and/or suspect advances.

29.   MINIMUM BID INCREMENTS for Auction online bidding.

                                           $1.00 to $75.00                               -              $   1.00

                                           $75.00 to $125.00                          -              $   2.50

                                           $125.00 to $200.00                        -              $    5.00
                                           $200.00 to $500.00                        -              $  10.00
                                           $500.00 to $1,000.00                     -              $  25.00
                                           $1,000.00 to $2,500.00                 -              $  50.00
                                           $2,500.00 to $5,000.00                 -              $100.00
                                           $5,000.00 & Up                 -                             $200.00

30.   All items are considered to be in used condition and are being sold “As Is” and “Where  Is” and without recourse and with no warranty, guaranty as to operating condition, physical condition for a particular purpose or fitness for use and no claim may be made by purchaser relating to the condition or use of articles purchased or for proximate or consequential damages arising there from.  You should make an inspection of these items beforehand and be satisfied with their condition.

31.   ADDITION TO OR WITHDRAWAL FROM SALE:  The Auctioneer reserves the right to withdraw from sale any of the items; to sell at this Auction items not listed; to group one or more lots into one or more selling lots or to subdivide into two or more selling lots.

32.   Alexander Auctions & Real Estate Sales has full discretion to modify the 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.

33.   Alexander Auctions & Real Estate Sales is providing internet auction online bidding as a service to the bidder.  Bidder acknowledges and understands that this service may or may not function correctly.  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 during the bidding time period.

34.   In the event that there are technical difficulties related to the server, software or any other online Auction-related technology, Alexander Auctions & Real Estate Sales, MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding or close the bidding.  Neither the company providing the software nor Alexander Auctions & Real Estate Sales, MarkNet Alliance or the Seller shall 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. 

35.   Description takes precedence over the pictures.

36.   CONFIRMATION OF PURCHASE:  Title to item shall pass to the buyer upon the ending of the Auctions, subject to the compliance by the buyer of the conditions of sale.  Buyer assumes all responsibility for the item or items after purchase and shall pay the total purchase price.  All sales are final.  Alexander Auctions & Real Estate Sales and the Seller do not and will not be responsible for or furnish any security for sold items. 

37.   Bidders who bid off-site and do not preview guns, ammunition and miscellaneous items 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 and place their bid accordingly.

38.   The purchaser does hereby acknowledge that the subject property is purchased at public auction and that a prerequisite to bidding is that all property, whether real or personal, is purchased absolutely “As Is” with no warranty whatsoever as to the condition of the same.

39.   COMPLIANCE WITH THE TERMS OF SALE:  In default of payment of bills in full within the time announced for this Auction, the Auctioneer in addition to all other remedies allowed by law may retain all monies received as deposit or otherwise, as liquidated damages.  Lots not paid for within the time specified herein may be resold at public or private sale without further notice.  Any resulting deficiency together with all expenses and costs of re-sale will be the responsibility of the defaulting purchaser.  Each buyer in making a bid does herewith agree to comply with the terms and conditions as herein stated and as otherwise set forth.  The failure or default by a successful buyer to fully comply with the terms and conditions herein will be treated as an immediate breach and the deposit as made retained and applied toward any deficit in additional costs or charges as incurred to affect the resale of that property at private or public sale.  There shall be no further notice required to the buyer once a default has occurred.  The obligation of the buyer shall be for costs as incurred, plus any deficit included arising from the buyer.

40.   WARRANTY:  All items are sold “As Is” and “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 sales are Final!  No returns or charge backs allowed!  Returns and charge backs will result in a black flag with Marknet Alliance.

41.   INDEMNIFICATION:  Purchaser shall defend and indemnify and hold Auctioneer and Seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the guns, ammunition and other miscellaneous items purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements or for proximate or consequential damages, costs or legal expenses arising there from.

42.   SHIPPING:  The packing, shipping and insurance charges are the responsibility of the winning bidder.  The shipping company will vary depending on the items purchased.  Either Federal Express, United Parcel Services or the United States Postal Service will be used.  The cost of shipping will be according to the carrier’s charges.

43.   Shipping and packing charges are charged separately to the credit card on file.

44.   If you would like your items to be shipped without insurance, please contact the Auction Company immediately following the Auction.

45.   Items will be shipped within 14 working days after full payment is received and the FFL is received.  If a firearm is purchased and must be shipped, we must have an FFL Dealer’s License before we can ship any firearm.

46.   SHIPPING CHARGES:  A $15 minimum packing charge will be made for guns.  A minimum $5.00 packing fee for ammunition and knives and miscellaneous items.

47.   INDEPENDENT CONTRACTOR:  The Auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.

48.   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 indemnify Alexander Auctions & Real Estate Sales, the Auctioneer from liability therefore.  Neither Alexander Auctions & Real Estate Sales, the Auctioneer nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held.

49.   RECORDS:  The record of sale kept by Alexander Auctions & Real Estate Sales, the Auctioneer and bookkeeper will be taken as final in the event of any dispute.

50.   During the Pre-Online Bidding Auction process there is a chance that you will be outbid.  Bidders should refresh their browser.  Due to varying internet connection speeds, sometimes email notifications can be delayed.  We are not responsible for the failure of any part of the bidding process or internet bidding.  Verify that your email address, in your registration profile, is correct and up-to-date.

51.   Any person who registers agrees to be subject to the personal jurisdiction of the State of Tennessee.

52.   Bidders agree to be bound by the laws of the State of Tennessee and subject to the courts of Tennessee jurisdiction.

53.   Bidders agree that Alexander Auctions & Real Estate Sales has the right to elect the venue (usually a court in specific county) in which all disputes concerning the bidder registration agreement shall be brought.

54.   Your use of this site and bid placement constitutes your acceptance and agreement to adhere to these terms.  Please print a copy for your records.  All bidders are responsible for reading all Terms and Conditions carefully.  Lack of knowledge of Auction Terms and Conditions will not release bidders from their obligations.

55.   All bidders acknowledge and accept by signature these Terms and Conditions provided at time of registration by registering for a bid number.

56.   Alexander Auctions & Real Estate Sales reserves the right to revise the Terms and Conditions.

                                          EXPLANATION OF WAYS TO BID:

Max Bid:   The maximum amount you are willing to pay for a lot.   When you place a max bid, the system will automatically bid for you up to the amount that you have entered as your max bid. Any time another person places a bid, it will place the lowest amount required to outbid that user while staying under your max amount..  Your bid will only increase by the minimum increment, the bidding platform will automatically raise your bid to your maximum bid as others bid up the lot over time.

The bidding platform recognizes the first highest bid made.  The bidding gets down to minutes and even seconds of when bids are placed.

Regular  Bid”:  Is the bid amount you which to bid at this time.

Extend All/Dynamic Bidding Auctions may extend the bidding time on any lot that gets a bid within a certain amount of time of its scheduled closing time.  The Auction will remain open for all lots until no bids are placed on any lot in the allotted amount of time.  The Auctioneer will determine the number of minutes necessary to activate dynamic bidding ahead of time.

EXTENDED BIDDING:  EACH TIME A BID IS PLACED ON AN ITEM IN THE FINAL FIVE (5) MINUTES OF THE AUCTION, BIDDING TIME FOR THAT ITEM WILL BE AUTOMATICALLY EXTENDED FIVE (5) MINUTES FROM THE TIME THE BID WAS PLACED ON THAT LOT.  EXAMPLE:  IF AN AUCTION IS SCHEDULED TO END AT 1 P.M. AND AN ITEM RECEIVES A BID AT 12:59 P.M., THE CLOSING TIME OF THAT ITEM AUTOMATICALLY EXTENDS TO 1:05 P.M.  THE AUTO-EXTEND FEATURE REMAINS ACTIVE ON THAT LOT UNTIL NO FURTHER BIDS ARE RECEIVED WITHIN A FIVE-MINUTE TIME FRAME ON THAT LOT.

EXTEND ALL BIDDING: EACH TIME A BID IS PLACED ON A TRACT OF REAL ESTATE OR A LOT IN THE FINAL FIVE (5) MINUTES OF THE AUCTION, BIDDING TIME FOR ALL THE TRACTS OF REAL ESTATE AND LOTS IN THE AUCTION WILL EXTEND 5 MINUTES. ALL LOTS WILL REMAIN OPEN FOR BIDDING UNTIL NO BIDS ARE PLACED IN THE LAST 5 MINUTES. ALL LOTS WILL CLOSE AT THE SAME TIME.

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