TERMS AND CONDITIONS OF THE AUCTION By registering to bid or placing a bid, you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. ASK QUESTIONS BEFORE YOU BID. THERE ARE NO REFUNDS AND NO RETURNS!!! READ CAREFULLY AS TERMS FOR FIREARMS ARE DIFFERENT FROM NORMAL AUCTIONS. YOU MUST AGREE TO ALL TERMS OF SALE BEFORE BIDDING. DO NOT BID IF YOU DO DO NOT OR CAN NOT AGREE TO ALL TERMS. READ CAREFULLY. ALL SALES ARE FINAL and there are no refunds or exchanges. No warranty is expressed, written or implied. We try to list these items as accurately as we can however we are not experts on all the items we sell. We offer an on-sight preview the day of auction. Should you not agree with our terms, please don't bid because you will be held to them. There is an 18% internet premium added to your final bid price. Local buyers are subject to pay 5.225% Missouri Sales Tax. ALL FIREARMS MUST BE SHIPPED TO AN FFL AGENT IN YOUR AREA. IT IS THE BUYER'S RESPONSIBLITY TO PROVIDE Birdsong Auction & Real Estate Group, LLC WITH THE NAME, ADDRESS, PHONE # AND FFL # OF YOUR AGENT THAT IS WILLING TO RECEIVE YOUR PURCHASE. FAXED COPIES OF THE LICENSE SHOULD BE SENT TO 877-697-8753 or they can be emailed to travis@birdsongauction.com. ALL SHIPPING CHARGES ARE BILLED TO YOUR CREDIT CARD. IT WILL BE THE BUYERS RESPONSIBLE TO PAY THEIR STATE'S SALES TAX RATE. All bidders picking up the guns in person will be required to pass a background check. NO EXCEPTIONS. There will be a $20 charge for your background check. No out of state buyers can pick pistols up at our location, they must be shipped to an FFL dealer in your state. All items are shipped via US Postal Service unless other arrangements have been made. Buyer will pay actual shipping costs, insurance and $10 PER ITEM packaging fee for guns and $10 per package on knives. Knives will be packaged together ALL FIREARMS MUST BE SHIPPED TO AN FFL AGENT IN YOUR AREA. IT IS THE BUYER'S RESPONSIBILITY TO PROVIDE Birdsong Auction & Real Estate Group WITH THE NAME, ADDRESS, PHONE # AND FFL # OF YOUR AGENT THAT IS WILLING TO RECEIVE YOUR PURCHASE. FAXED COPIES OF THE LICENSE SHOULD BE SENT TO 877-697-8753. Buyer is responsible for paying taxes in their state. Firearm bidders please line up transfer agent now to avoid delays in shipping and if you have any questions, please call us at 573-727-9656 Payment Terms Firearm bidders please line up transfer agent now to avoid delays in shipping. IF YOU HAVE ANY QUESTIONS CALL 573-727-9656 BEFORE BIDDING! Internet Premium: 18% Participation Requirements: Valid Credit Card required for bidding approval Payment Options: Visa, MasterCard, American Express, and Wire Transfer Payment Instructions: For online bidders we accept MasterCard, Visa, & American Express. WE DO NOT ACCEPT CHECKS OR MONEY ORDERS! Payment must be made within 24 hours from close of auction. We will bill your credit card on file for purchase amount (including buyers fee) and then we will get a shipping cost and bill your credit card for shipping. Winning bidders will pay actual shipping, insurance and $10 per item packaging costs. . All shipping charges will be billed to the credit card you registered with in a separate bill. If your card is declined there will be a $25 service for using an additional card. Special Terms Birdsong Auction & Real Estate LLC nor the consignors are responsible for any misinformation pertaining to grades and bidders agree that they are not relying on this information to purchase or bid. All bidders are encouraged to inspect the product before bidding. All property is sold AS IS, and ALL SALES ARE FINAL- NO REFUNDS OR EXCHANGES. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. Birdsong Auction & Real Estate Group, LLC may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Birdsong Auction & Real Estate Group, LLC be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from 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. Birdsong Auction & Real Estate Group, LLC shall endeavor to describe in detail each item and any pertinent information about it. Birdsong Auction & Real Estate Group, LLC will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase. Birdsong Auction & Real Estate Group, LLC 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 Birdsong Auction & Real Estate Group, LLC or anyone else if the internet service fails to work correctly before or during the live auction. Birdsong Auction & Real Estate Group, LLC will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Birdsong Auction & Real Estate Group, LLC reserves the right to withdraw or re-catalog items in this auction. Purchaser is responsible for all document transfer fees. The auction company shall not be held responsible for any 'missed' bids or bids unseen by the auctioneer. 1. All persons attending the exhibition, sale or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Birdsong Auction & Real Estate Group, LLC., birdsongauction.com & Travis Birdsong (all herein referred to as BARG) from any liability. 2. Bidder agrees that all property is sold "AS-IS WHERE-IS" with no warranties express or implied and ALL SALES ARE FINAL. Property is open to thorough public inspection. Bidders who bid from 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. BARG may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall BARG be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. BARG does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. There are no refunds for any reason. By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. BARG will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that he or she may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by BARG. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If BARG agrees that the item was materially and intentionally misrepresented BARG will refund the Bidder's purchase price to him/her. Bidder agrees that under no circumstances whatsoever will BARG ever be liable to any bidder for an amount greater than the purchase price of the item they purchased. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID. 3. BARG reserves the right to charge the Bidder's credit card the full amount of any or all of Bidder's pre or live bids at any time. When the auctioneer says, "sold" Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full by 3:00 PM the day after the auction. All internet Bidders agree to pay a buyer's premium equal to Eighteen Percent (18 %) of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyer's premium will be $18.00 for a total purchase price of $118.00. Under state law, sales tax will be collected on the entire amount. There is a 3% discount for cash or check payments THE DAY AFTER THE AUCTION ONLY. Any purchase not paid for by 3:00 the day following the auction, will be billed to the credit card you registered with. Bidder agrees that they will not charge back in credit card for any reason whatsoever. This is an auction and each bid is a contract. Bidder understands that by placing a bid, they are agreeing to all terms set forth in this agreement. When registering to bid, the system might charge your credit card $1 to verify that your card is active and in good standing. 4. If you plan to register a titled vehicle in an area that requires an emission or other test, emissions or other tests are not guaranteed and it is sold AS-IS unless stated otherwise in the item description. All titled vehicles are sold AS-IS TOW AWAY in regards to emissions tests. Emission tests are not provided unless it is stated in the item description. If an emission test is provided, it is only valid in the area for which it was issued. It is the buyer's sole responsibility to determine if a titled vehicle is legal and able to be registered where buyer lives. 5. If firearms are sold, all Federal and Missouri laws and regulations will be followed. Some firearms may not be legal in Bidder's jurisdiction. It is the bidder's sole obligation to determine if a firearm they purchase is legal where they live. There is a commission charge of 25% charged to resell any firearm(s) that has to be returned due to a buyer's local law. In the event that a buyer is unable to take legal delivery of any firearm(s) he or she will have the firearm(s) returned to BARG and hereby engages BARG to resell the firearm(s) at absolute auction with a commission charge of 25%. Magazines that are not legal where a buyer lives are not included in the sale. No credit will be given for the magazine. 6. BARG is providing internet only bidding for this auction. 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 BARG or anyone else if the internet service fails to work correctly before or during the auction. BARG will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged place their maximum bids at least two hours prior to the auction closing time. BARG reserves the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, BARG reserves the right to extend the closing times, stop, restart or cancel this auction at its sole discretion. Even though an item may display as "sold" on the internet, no sales are final until they are certified by BARG and Bidder receives an invoice. BARG reserves the right to cancel any or all sales and resell the items in whatever manner it chooses. 7. The bids are advanced at pre-set increments available on the bidding web page. From time to time BARG may accept items with secret reserves prices. The seller and BARG reserve the right to bid on behalf of the seller on items on which there may be a reserve. If the Auctioneer determines that any bid is not commensurate with the value of the article offered, he may reject the same and withdraw the item from the auction. If, having acknowledged an opening bid, he decides that an advance is not sufficient, he may reject the advance. The Auctioneer reserves the right to bid on behalf of Buyers/Seller/Secured parties. BARG may reject or cancel any bid for any reason. The record of the auction made by BARG shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including BARG owners, family members and employees. 8. If a check accepted by BARG is returned for any reason, Bidder agrees that BARG may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Missouri law. Any amount left unpaid shall accrue interest at the highest rate allowed under Alabama state law. Unless exempted by law, the purchaser shall pay all applicable taxes. Bidder agrees to indemnify BARG against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees to not stop payment on any check paid to BARG. Bidder further agrees that under no circumstances will he/she initiate a chargeback on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder's payment is honored. 9. All property shall be removed from the premises by the Bidder at her/his own risk and expense within the time period announced. ALL MERCHANDISE PURCHASED AT THIS AUCTION MUST BE REMOVED DURING TIMES POSTED FOR THIS AUCTION UNLESS SPECIAL ARRANGEMENTS HAVE BEEN MADE WITH BARG OR IT IS BEING SHIPPED. ITEMS NOT REMOVED BY THIS TIME WILL HAVE A CHARGE OF $10 PER LOT, PER DAY ADDED AND THE ITEMS MAY BE FORFEITED WITH NO REFUNDS. Internet bidders should arrange to pick up their purchases within this time. Either BARG or a professional shipping company will ship all merchandise not picked up. Bidder hereby grants the shipper or BARG the right to charge their credit card the entire amount of packing, shipping and handling costs. In the event that Bidder does not pay for shipping, Bidder shall have no claim against BARG and will forfeit the merchandise with no refunds. All items will be insured for the purchase price. Our first priority is to deliver your new purchase in excellent condition. Bidder agrees that any merchandise not removed by bidder within seven days of the auction will be forfeited with no refunds. Bidder shall have no claim to merchandise not removed within 3 days from auction closing. In the event an item cannot be provided to the winning bidder because of theft, acts of God, war or any other reason, the buyer will be entitled to compensation equal to the money paid for the item as compensation and no more. 10. Bidder agrees that this agreement shall be governed by the laws of the state of Alabama and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Butler County, MO. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between RMEB and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Butler County, MO. By an arbitrattor appointed by the Missouri Auctioneers Association. . 11. BARG may refuse a buyer's number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification BARG may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 12. Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of Terms & Conditions of auction, or in case of default, including, without limitation, reasonable attorney's fees, as well as any dollar deficiencies which may result in the resale of the property and the cost of re-marketing said property. Additional commissions shall be due and payable. 13. In event that description differs from photos, description takes precedence over photos. 14.. Bidder agrees that by registering to bid, they agree to ALL terms contained herein. 15. Auctioneer, it's agents, employees and family members will be allowed to bid in this auction. 16. In the event an item cannot be provided to the winning bidder because of theft, acts of God, war or any other reason, the buyer will be entitled to compensation equal to the money paid for the item as compensation and no more. 17. Ownership title passes upon the fall of the Auctioneer's gavel or end of final bidding online, and thereafter the property is at the risk of the buyer, and neither the seller nor the auctioneer shall be responsible for loss or damage.