Auction Terms & Conditions 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. All Sales are final with no refunds unless otherwise noted. 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 Presley Estate Sales & Auctions (along with all who herein with Presley Estate Sales & Auctions) associates of company or clients from any liability. 2. Bidder agrees that all property is sold "as-is where is" with no warranties express or implied. Property will either have sufficient pictures or in some cases a live viewing open to public inspection. Bidders who bid from off site and are not present at the 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. Presley Estate Sales & Auctions may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall Presley Estate Sales & Auctions be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Presley Estate Sales & Auctions does not guarantee any appraisals, grading or certifications other than their own. If you have any questions about the merchandise, please ask them prior to bidding. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. By placing a bid, Bidder acknowledges that he or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. Presley Estate Sales & Auctions 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. 3. Presley Estate Sales & Auctions 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" when live auction or internet bidding closes the bidder assumes full responsibility for the merchandise. Everything must be paid for in full by 6:00 PM the day after the auction. Bidders agree to pay a buyer's premium equal to thirteen Percent (10%) of the hammer price of each item they purchases. Under state law, sales tax will be collected on the entire amount. The day following the auction only. Any purchase not paid for by 6:00 PM the day following the auction, may be billed to the credit card you registered with. All payments of $250.00 or more require secured funds, example; cash, cashiers check, certified check. 4. No Show Penalty. Failure to not call or show up to pick up items you have bid on and won, will result in an immediate disqualification to bid on any future auctions our company conducts and will be noted publicly in Presley Estate Sales & Auctions for other auction companies to see. To reinstate your bidding privileges, you will be required to pay company lost commission and buyers premium on the items you bid on as a no show penalty. 5. 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. All Motorized vehicles' are sold as-is, where-is. No guarantees are expressed or implied by auction company or client. 6. If firearms are sold, all local and state 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 20% 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 Presley Estate Sales & Auctions and hereby engages Presley Estate Sales & Auctions to resell the firearm(s) at absolute auction with a commission charge of 20%. Magazines that are not legal where a buyer lives are not included in the sale. No credit will be given for the magazine. Firearms for this sale are subject to the following rules: 1. Background checks will be called in and proper ID must be presented with a form 4473 being filled out and approved. 2. Possession of firearms will only take place at 27411 Highway 5 Woodstock, Al which is our company's licensed FFL location. You may fill out the paperwork and pickup your firearm on the Monday following the sale from 8 am to 2 pm at our office. We are FFL dealers and all local, state and federal laws concerning a firearm sale will be adhered to with no exceptions. Further stated, Our Company also has company policies involving the sale of firearms that must be followed. Purchasing any type of firearm or weapon will require proof of age in the form of a state issued drivers license or state ID and completing a company liability waiver. By bidding in this auction on firearms you agree to these terms and conditions. 7. Presley Estate Sales & Auctions 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 Presley Estate Sales & Auctions or anyone else if the internet service fails to work correctly before or during the auction. Presley Estate Sales & Auctions 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. Presley Estate Sales & Auctions reserve the right to withdraw or re-catalog items in this auction. In the event of any software problem, mistake or other issue, Presley Estate Sales & Auctions 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 Presley Estate Sales & Auctions and Bidder receives an invoice. Presley Estate Sales & Auctions reserves the right to cancel any or all sales and resell the items in whatever manner it chooses. 8. The bids are advanced at pre-set increments available on the bidding web page. From time to time Presley Estate Sales & Auctions may accept items with reserve prices. The seller and Presley Estate Sales & Auctions reserve the right to bid on behalf of the seller on items on which there may be a reserve. Presley Estate Sales & Auctions may reject or cancel any bid for any reason. The record of the auction made by Presley Estate Sales & Auctions shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including Presley Estate Sales & Auctions owners, family members and employees or clients. 9. If a check accepted by Presley Estate Sales & Auctions is returned for any reason, Bidder agrees that Presley Estate Sales & Auctions 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 Alabama 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 Presley Estate Sales & Auctions against any claim if sales tax is not collected on Bidder's purchases. Bidder agrees to not stop payment on any check paid to Presley Estate Sales & Auctions. 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 secure payment is made in full. 10. 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 Presley Estate Sales & Auctions prior to auction ending. Internet bidders should arrange to pick up their purchases within this time. Bidder hereby grants the shipper or Presley Estate Sales & Auctions 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 Presley Estate Sales & Auctions 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 on the scheduled pickup day and time will assessed a 25.00 per day storage and handling fee until items are picked up. Bidder shall have no claim to merchandise not removed when the storage fees outweigh the price of the merchandise. Property will then be considered abandoned and will become property of Presley Estate Sales & Auctions to pay storage and handling fees. 11. 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 Bibb County, Alabama. 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 Presley Estate Sales & Auctions 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 Bibb County, AL with an arbitrator appointed by the President of the Alabama Auctioneers Association. 12. Presley Estate Sales & Auctions may refuse a buyer's number and bidding privileges to anyone for any reason. Bidder agrees to provide any identification Presley Estate Sales & Auctions 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. 13. Risk of loss: The buyer assumes full responsibility and assumes risk of loss for all items purchased from the time the auctioneer says sold to the buyer. The buyer will obtain full liability insurance on all items as required by law. 14. Auction site: Buyer acknowledges that the auction site and anywhere the property to be sold is located or displayed, is a potentially dangerous place. Heavy equipment may be present, potentially dangerous materials may be present, Electric circuits may be live, and other potential dangers may exist. Every person at the sale site (and other areas where the property is located or displayed) at all times shall be there at their own risk with notice of the conditions of the premises, the activities of the premises, potential conditions of the premises and the conduct of third parties and buyer shall so advise his agents and employees. No person shall have any claim against the auctioneer, their agents, employees or principals for any injuries sustained or death to any person or persons whomsoever nor for damages to or loss of property which may occur from any cause whatsoever. Buyer acknowledges responsibility for any injury or death to any person or persons whomsoever or property damage caused by buyer, his agents or his employees. 15. Taxes & Titles: All items are subject to state and local tax law. You may only use your sales tax # to cover purchases that apply under that number. All other purchases are subject to tax. We must have a copy of your sales tax exemption certificate. Failure to furnish this number will require payment of sales tax. The Sales Tax Here is 10%, If you bid and win you will pay 10% Sales Tax. 16. Judgement of an item: All property sells as-is where is without warranty of any kind, expressed or implied. There are no warranties as to the quality, charachter or condition of any of the items. Please inspect equipment before bidding. The implied merchantability is expressly disclaimed. There is no warranty of fitness for a particular purpose. The buyer shall not be entitled to any adjustment or allowance, damages or any other remedy or claim on the quality, charachter or condition of any item purchased. Do not bid unless you have inspected the items and determined the condition for yourself. Presley Estate Sales & Auctions is acting today solely as an auctioneer. Presley Estate Sales & Auctions, is not the seller, and therefore makes no warranty as to quality or condition of the equipment or items. 17. All descriptions and conditions of items in this catalog are believed to be correct and have been conscientiously set forth by the owner. However, neither the owner nor the auctioneers are responsible for any errors in description or condition. The buyers catalog acts as a guide only. 18. Shipping is available on small items. We charge actual shipping cost plus a handling fee. The handling fee will be $5 to $25 per box, depending on the complexity of packing and material used. It is the buyer's responsibility to arrange shipping of furniture and other large items. We will not be held responsible for any damage caused during shipping. Firearms must be shipped to a FFL of your choice. We will not ship any firearms to a residence or a P.O.Box. WE DO NOT SHIP TO KANSAS. 19. All items may be picked up. Make sure and bring everything you need to load including boxes, wrapping paper, cord, labor etc. For liability reasons we cannot provide helpers for load out. All items not picked up by 2 pm will be considered forfeited, unless otherwise discussed before the close of the auction.