AUCTION TERMS AND CONDITIONS NOTICE: Credit cards will be charged sometime in the days following the auction with the exception of lots involving firearms which require the winning bidder to submit one of the following: Cash or Cashier's Check. All items to be shipped will be shipped at bidder's expense, unless arrangements have been made with the auctioneer prior to the day of the sale. For the sale of lots with firearms, additional terms and conditions apply so bidders should read through all terms and conditions carefully. Any malfunction of the Hibid Platform, including, but not limited to power outage, will void the auction and will be re-listed at the auctioneers discretion. 1) All items offered for sale at the Auction ("Items", "Property", "Product", "Purchases") are subject to the Terms and Conditions of Sale, which, combined with each Auction's specific terms as posted in the Hibid domain materials and on the web, make up the Complete Set of Terms and Conditions of Sale. 1a). The 5th Street Auctions LLC Auctioneer has the right in accordance with Ohio State law to bid on this and any other auction for her own purpose or on behalf of the Property owners or the estate. 2) All items are being sold "AS, WHERE IS" with all faults. Neither 5th Street Auctions LLC nor the consignor(s) make any warranties or representations of any kind or nature with respect to merchantability, fitness, property, value nor of any other kind, express or implied. All items are available for inspection and/or examination prior to the end of the sale. Auctioneer shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is highly recommended. Auctioneer makes every effort to provide accurate information about the items being sold. However, neither Auctioneer nor its Consignor(s) will assume responsibility for Buyer's bidding errors and/or product flaws. It is Buyers' full responsibility to confirm the accuracy of items offered for sale. Buyers are recommended to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions; be sure to read descriptions, and ask questions if you are unclear. 2a). Bidder understands and agrees that this agreement and all rights of the parties there-under, shall be governed by the laws of the County of Union, State of Ohio and any action brought by either party shall be brought in the Courts of the State of OH. In the event, that for any reason, the forum is deemed to be sufficiently inconvenient or the agreement on the forum selection is unenforceable it is still the intention of the parties that the Laws of the State of Ohio govern the parties agreement and their rights attended thereto. Buyer agrees that any legal filed action will take place within the county of Union, State of Ohio. 3) ALL SALES ARE FINAL. A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges. 4) Failure to Pay for purchases. In the event items are not paid for within seven (7) business days after the close of the auction(s) , the items purchased shall be deemed abandoned and Buyer will lose any right, title, or interest Buyer may have acquired and the items shall revert and repossess to Auctioneer without further notice to Buyer. Auctioneer shall also be entitled to any costs associated with the removal, storage and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by Auctioneer to enforce Buyer's obligations hereunder. 5) Buyer's Premium Online buyer's premium is 15%, there is a 3% credit card surcharge. 6) 5th Street Auctions LLC reserves the right to accept or reject bids, extend bidding, close bidding, cancel or reschedule any item, lots or the entire auction in the event of system failure (or any other unforseen event) at any time. PAYMENT 1) By agreeing to our terms and conditions you agree that following the auction the credit card on file will be charged including the 10% buyers premium and credit card processing fees of 3%. Hibid requires a $1 refunded deposit into an account prior to authorization of the card. Additionally, 5th Street Auctions LLC requires a copy of your driver's license with current information prior to authorization to bid that must be send to Auction906@gmail.com 2) NONPAYMENT Any declined credit card payment will have two (2) business days to contact the office (937-738-2022) and pay with a valid credit card. If payment has not been successfully received with two (2) business days, you will no longer be authorized to bid at 5th Street Auctions LLC. Your items will be returned to the consignor. Also, There will be a $75 dollar return check / stop payment fee above and beyond any fees incurred for any returned checks or stopped payments made. This charge will incur even if the problem is remedied. It causes us a great deal stress and work to repair the issues created by returned checks or stopped payments. Please make sure you are aware of what you are buying and have funds available in your account to make your purchases. Also please make sure your bank is aware of said charges before they make any decision to stop any payment. In the rare instance that we accept a return, If you have already received the items, Items must be returned prior any negations of returned payment. 3) Verbal/written "cancellations" 5th Street Auctions LLC does not recognize or accept cancellations for any item for any reason won at auction. If the winning bidder decides to "cancel" an item it will be treated as a nonpayment . If a winning bidder decides to "cancel" an item after it has been paid for, there will be no refunds, no exceptions. Once a bid is placed, it cannot be rescinded and, should the bid become the winning bid, the buyer is expected to pay for he item(s). 4) Personal Information It is vital that your personal information (name, address, phone number, and email) are correct. We ship and contact using that information and if it is not correct, delays will occur and/or items may be lost. 5th Street Auctions LLC is not and will not be responsible for correcting your information and is not responsible for any delays or incorrect delivery of items due to incorrect personal information. Please contact the office if you would like to verify your information at 937-738-2022. ADDITIONAL INFORMATION Bidders/buyers should be aware that the majority of our lots may have an initial minimum starting bid and/or reserve price and should bid accordingly. SHIPPING : All items can be picked up at 906 E 5th Street, Marysville, Ohio 43040 during the pickup hours/times designated in the auction details section. Failure to pickup items on that day between those designated hours will result in forfeiture of the items. Buyers will still be responsible for paying for the items. If you would like your items shipped, we will deliver all items to a shipper within 7 days of conclusion of the auction provided that arrangements have been made prior to the auction end date. Packing and shipping costs are the responsibility of the buyer. There will be a handling fee of $4.95in addition to the packing and shipping costs charged by the shippers. Reminder: you will need your paid invoice for pickup and shipping. LIABILITY If we are prevented by fire, theft, or any other reason whatsoever from delivering property to the purchaser, our liability shall be limited to the sum actually paid by the purchaser for such property. FIREARMS 5th Street Auctions LLC follows all Federal Firearms Regulations In the case of firearms, payment options are limited to the following: Cash, orCashiers Check. Credit Cards will NOT be accepted. As with all other auction lots/items, we reserve the right to delay shipping until payment is verified by our Bank. As with all other auction items noted above, there will be a $75 dollar returne check / stop payment fee above and beyond any fees incurred for any returned checks or stopped payments made. This charge will incur even if the problem is remedied. It causes us a great deal stress and work to repair the issues created by returned checks or stopped payments. Please make sure you are aware of what you are buying and have funds available in your account to make your purchases. Also please make sure your bank is aware of said charges before they make any decision to stop any payment. In the rare instance that we accept a return, If you have already received the items, Items must be returned prior any negations of returned payment. Due to the current times in our country and the ongoing battle over firearms and firearm related items we are currently not able to except credit cards at this time for them. Currently credit card processors are charging an astronomical fee to run a credit card that is not swiped in person and/or refusing to process transactions involving firearms. This issue also creates a 95% chance that the credit card processer will hold your money in a fraud prevention status thus stopping the actual sale of the item won. If you are unaware, some credit card processors are also tracking gun sales made using credit cards and are now required by law to turn over that information to the ATF. We are in good faith simply looking out for your best interest along with ours. If and when these policies change, we will gladly accept your credits cards. Thank you for your understanding and we look forward to working with you in any way we can to make your buying experience as positive and easy as possible. Payment Instructions: Items will be invoiced within one week following the end of the Auction. Buyer will pay the hammer price, shipping costs, handing fee of $15.00 insurance, and 15% Buyer’s premium. Sales tax will be charged if applicable. See “Shipping Instructions” for instructions on paying for shipping. Currency Type: USD Our affiliate company, 5th Street Pawn LLC, with which we share office space, is an FFL in the state of Ohio. Firearms may be transferred to local bidders at our location after the sale by appointment. All others must be shipped to a current FFL Dealer in your state. Buyers must go through the same background check all other firearm purchasers are put through. In the event of a failed background check th through 5th Street Pawn LLC, the gun will be returned to the consignor. Buyer is responsible for any transfer fees charged by their appointed FFL holder. Please provide contact information for your local FFL Dealer, along with a copy of the FFL license immediately after the completion of the auction (or provide your FFL info if you are a license holder). It is the sole responsibility of the buyer to know and comply with their state and local laws governing the purchase and possession of firearms and related items. For guns transferred at our facility, there will be a $25 transfer fee per person (not per gun). Please let us know if you have any questions or require addition information or photographs prior to bidding. NOTE: We have visually inspected each lot & have provided descriptions in the catalog. We have NOT tested or otherwise inspected the firearms for operational condition, and do not warrant the safety or the shootability of any firearm sold. Buyers are strongly advised to have the firearm(s) inspected by a gunsmith for safety and caliber. All items are sold “as is, where is” with no express or implied warranty and all purchases are non-refundable. Shipping Instructions: Shipping & handling costs are the responsibility of the buyer. Actual UPS, Fed-Ex Ground, or USPS shipping costs will be calculated after packaging, plus $15 handling fee for firearms. We will pack items together when possible. Please allow 14 days for shipping after we have received your final payment. Shipping & handling will be calculated upon completion of packaging & we will contact you with the final total to be paid including shipping. You may pay for your item and then send a separate payment for shipping to expedite the process if you wish. Insurance will be required on firearms; at the discretion of the auction house on other lots. We may require a waiver to be signed if the buyer declines insurance. All packages will be shipped with signature required at delivery. If you have a direct account with a shipper, we will use it if provided; handling/packaging charges still apply. Note: No firearms will be shipped outside of the United States. Please provide contact information for your local FFL Dealer, along with a copy of the FFL license immediately after the completion of the auction (or provide your FFL info if you are a license holder). It is the sole responsibility of the buyer to know and comply with their state and local laws governing the purchase and possession of firearms and related items. For guns transferred at our facility, there will be a $25 transfer fee per person (not per gun). Please let us know if you have any questions or require addition information or photographs prior to bidding. NOTE: We have visually inspected each lot & have provided descriptions in the catalog. We have NOT tested or otherwise inspected the firearms for operational condition, and do not warrant the safety or the shootability of any firearm sold. Buyers are strongly advised to have the firearm(s) inspected by a gunsmith for safety and caliber. All items are sold “as is, where is” with no express or implied warranty and all purchases are non-refundable. ACCEPTANCE OF TERMS OF SALE Bidding on any lot(s) indicates acceptance of these terms. 5th Street Auctions LLC at its option may either cancel the sale, retain as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages. These terms and conditions of sale, as well as the respective rights and obligations of 5th Street Auctions LLC and any purchasers or bidder(s) at any sale of 5th Street Auctions LLC, shall be governed by and construed and enforced in accordance with the laws of the State of Ohio. LICENSE The auctioneer is licensed and regulated by the Ohio Department of Agriculture - Auction Division. AUCTIONEER Geralyn M. Miller dba 5th Street Auctions LLC Auction License #2022000223