Auction Terms & Conditions
15.0% buyer's premium. Credit card on file will be run immediately after the auction. Items shipped from our
location may require us to collect sales tax based on the state to which items are being shipped. Sales tax will be determined at time of shipping. Not responsible for accidents or items after sold. All items are sold as-is. All items must be removed by posted dates. Online auctions offer shipping at cost. unless other
arrangements are made prior to auction.
Conditions of Sale:
Flat Mountain Trading Company. AS AGENT
The lots listed will be offered by Flat Mountain Trading Company as owner or as agent for
seller(s)/consignor(s) subject to the following terms and conditions. The execution of your bid on any item is
your binding agreement to comply with the Auction Terms and Conditions. Prospective buyers are advised to personally examine any prospective lot before the auction takes place. Allvlots are sold AS IS and without recourse and neither Flat Mountain Trading Company nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Flat Mountain Trading Company and its consignor(s) do not make any express or implied warranty or representation of any kind. Nor does Flat Mountain Trading Company or its consignor(s) make any representation, whether written or not, regarding suitability of operation of the lot, order of lot, errors in the catalog or other description of the physical condition, history or the provenance of the lot. Any comment or statement of the auctioneer does not effect any warranties or representations. Flat Mountain Trading Company reserves the right to reproduce any image presented in the catalog.
Refusal of Admission:
Flat Mountain Trading Company reserves the right to refuse admission/registration to auction premises or
participation in any auction at its sole discretion.
Registration before Bidding:
A prospective buyer must complete and sign a registration form and provide identification before bidding.
We may require bank or other financial references.
You must be 21 years of age or older to bid on any firearm, rifle or pistol. Any firearm shipped must be
shipped to licensed FFL storefront to conduct transaction in your home state. Or the buyer may pick up the
firearm. All firearm transfers are conducted in strict accordance with applicable ATF regulations, including all
required background checks. If you purchase a firearm, make sure it is a legal transaction in your state. The
ATF regulations are very dynamic, changing regularly. Make sure you can legally own the firearm you bid on.
Any firearm transaction returned will be subject to a 25% restocking charge.
Bidding as Principal:
A bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable
taxes and charges, unless otherwise agreed in writing with Flat Mountain Trading Company before the
Reasonable effort will be used to carry out written bids given to us at least 24 hours prior to the sale for
those not present at auction. Bids must be placed in U.S. dollars. Duplicate highest identical bid amounts will
be sold to the person whose written bid was received and accepted first. Flat Mountain Trading Company
accepts no liability whatsoever for failing to execute a written bid or for errors and omissions in connection
with the written bid.
If buyer so desires and makes arrangements with us before the start of the auction, we will use reasonable
efforts to contact them enabling bidding by telephone. No liability whatsoever will be assumed for failure to
do so or for errors and omissions in connection with telephone bidding. Telephone bids will be recorded at
the sole discretion of Flat Mountain Trading Company.
We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure,
inability to access the Internet or software malfunctions related to the execution of online bids.
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 – 50.00 1.00 USD
50.01 – 500.00 5.00 USD
500.01- 2500.00 10.00 USD
2,500.01 - 5,000.00 25.00 USD
5,000.01 - 9,900.00 100.00 USD
9,900.01 – 50,000.00 250.00 USD
Over 50,000 500.0 USD
Payment in USD only
Buyer Premium 15%
Your Credit Card will be charged after the close of the auction, please make sure you have the funds available
in your account to clear the charges. If payment is declined, we may charge account in smaller increments
until balance paid in full. Only the registered card can be charged - please let us know if you need your
balance charged to a different card or paying cash at pickup.
Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot
will not be sold. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of Flat Mountain Trading Company. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve. Lots offered without reserve are normally started by the auctioneer at half of the low estimate of the lot.
The auctioneer has the sole discretion to refuse any bid, to advance the bidding as applicable, to remove any
lot, and in the case of error or dispute, whether during or after the close of sale, to determine the successful
bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute
arises after the sale, the auctioneer’s decision is final as recorded. Flat Mountain Trading Company allows
bids to be placed by the auctioneer, an employee of the auctioneer, or the seller or an agent on the seller's
behalf and is permitted to do this by providing this disclosure to you the bidder.
The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning
bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between
bidders, the auctioneer has final discretion to determine the successful bidder or to reoffer the lot in dispute.
If any dispute arises after the sale, the Flat Mountain Trading Company. sale record shall be conclusive. Title
passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the
Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility.
In addition to the hammer price, the buyer agrees to pay Flat Mountain Trading Company. a buyer's premium
and the applicable sales tax added to the final total. The buyer's premium for purchases made via online
bidding is fifteen percent(15.%) of the hammer.
The online buyers must pay the amount due (including the hammer price, buyer's premium, all applicable
taxes and other charges) immediately at the conclusion of the sale. The credit card on file will be run
immediately after the sale is concluded. If payment is declined, payment must be made the next day in U.S.
dollars may be made with cash; credit card (Mastercard, Visa, Discover, American Express); bank check or
cashier's check drawn on a U.S. bank; money order; or wire transfer unless other arrangements are made
with Flat Mountain Trading Company. Flat Mountain Trading Company reserves the right to hold merchandise purchased by personal check until the check has cleared. The purchaser agrees to pay Flat Mountain Trading Company a service charge of $50 for any dishonored check.
Once Flat Mountain Trading Company has received all funds due, the buyer shall collect purchased lots on
the posted pick-up days from the auction. Any items not picked up on those days, will automatically be forfeited.
Packing and Shipping:
Shipping & Home delivery is also available at an additional cost to the buyer. Flat Mountain Trading Company
uses UPS, USPS or FedX for shipping selecting the best option. Shipping is passed thru at cost to the
purchaser. Winning bidders are responsible for arranging to obtain their purchase. Winning bidders are strongly encouraged to pick up their items during the designated dates/times listed. Winning bidders may also elect to have their items shipped or delivered at their expense. In the event that winning bidders are unable to pick up items during the designated dates/times, and have not elected to have their items shipped or delivered, items may be brought back to our main location for additional fees.
AFTER YOU ARE THE WINNING BIDDER, IT IS YOUR MERCHANDISE AND YOU ARE RESPONSIBLE.
WE DO NOT REFUND BUYERS FOR ITEMS DUE TO SHIPPING COST DISPUTES PASSED THROUGH AT COST.
If we do not receive payment in full, in good funds, within 24 hours following the sale, Flat Mountain Trading
Company will use its sole discretion to exercise one or more of the following measures:
a.) to hold the defaulting buyer liable and pursue any remedy allowed by law for the total amount due
including any cost of collections, late fees assessed at 18% per annum, legal and court costs,
b.) to cancel the sale
Failure to Collect Purchases:
If property is not picked up within scheduled pick-up days following the sale, whether or not payment has
been made, Flat Mountain Trading Company reserves the right to charge $10 per lot per day or to deliver said
property to third party warehouse at the purchaser's expense. Flat Mountain Trading Company shall have no
liability for any damage to property left on its premises after the sale. In addition, we reserve the right to
impose a late charge of one and a half percent (1.5%) per month of the total purchase price if payment is not
made in accordance with the conditions set forth herein. Property which is paid for but not picked up for any
reason after of ninety (90) calendar days is subject to sale. The funds paid by purchaser less any storage
charges, the restock/handling fee of 25% and any other fees being refunded to purchaser. will be charged by
Flat Mountain Trading upon deducted.
Flat Mountain Trading Company is not responsible for the correctness of any statement of any kind
concerning any lot, whether written or oral, for any errors or omissions in descriptions or for any faults or
defects in any lot. Neither the seller, Flat Mountain Trading Company, its officers, employees or agents, make
any representation, warranty or guarantee and do not assume any liability of any kind regarding the
merchantability, fitness for a particular purpose, description, size, quality, condition, completeness, or
provenance. No warranty whatsoever is offered expressed or implied and is excluded by this paragraph,
unless contrary to law.
If for any reason a purchased lot cannot be delivered in the same condition as at the time of sale, or should
any purchased lot be stolen, mis-delivered or lost prior to delivery, Flat Mountain Trading Company shall not
be liable for any amount in excess of that paid by the purchaser.
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction
and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the
jurisdiction in Colorado. If any part of this agreement is found by any court to be unenforceable, the
surviving terms and conditions shall continue in full effect.
Any and all of the conditions may be waived or modified in the sole discretion of Flat Mountain Trading Company.