TERMS OF SALE NOTICE: All Bidders and other persons participating in this sale agree that they have read and have full knowledge of these terms and agree to be bound thereby. Auction Conducted by: Peterson Auction & Realty LLC. 125 West Main Street Suite 3, Frewsburg NY 14738 Mailing Address: (164 Ivory St. Frewsburg, NY 14738) Phone Number: (716)397-9039 Email: Peteauction@gmail.com Firearm Transfer Fee: $25 NICS check fee per Long Gun. $30 NICS check fee per Handgun. If more than one gun was purchased each additional gun on the same NICS check is $10. This fee will be added to your invoice at the time of pickup. If you are having an item shipped, or are a licensed FFL, there will not be a NICS Fee applied. 10% Buyers Premium will apply on all purchases. This is a staggered and soft CLOSING. This means the auction will begin to close at 6PM with 20 seconds between each lot. The closing time of a lot will be extended automatically an additional 2 minutes if there is active bidding within 2 minutes of that lot closing. All items are sold "AS IS, WHERE IS" with no warrantee on condition or authenticity. It is the responsibility of the bidder/buyer to have thoroughly inspected any and all items prior to bidding, to have satisfied themselves as to the condition and value in order to bid based upon that judgment solely. Seller and/or auctioneer assumes no responsibility for any repairs regardless of any oral statements about the item from any agents or employees of either entity. By registering for this auction you certify that you are a citizen of the United States, or a permanent resident alien, and at least 18 years of age, or 21 years of age or older where required by law (In New York State you must now be 21 to purchase a firearm. So if you intend to purchase and pickup at our office you must be 21 to purchase and do the NICS check). You also certify that you are not prohibited from possessing or purchasing any potentially restricted items by federal, state, or local laws/regulations. You are responsible for a 15% of purchased items fee if you do not complete the sale of items that you are high bidder on for any reason, including if the purchased firearms, magazines or accessories are not legal according to your local laws. It is the buyers responsibility to ensure lots you purchase are legal for you to own. We CANNOT verify your local laws. 1. IDENTIFICATION: All participants and purchasers are required to give their full name, address, phone number and email address. 2. PAYMENT: Cash, Certified Funds and ACH Electronic Check. Credit/Debit Card w/ 3.5% Additional Buyer's Premium Checks from ESTABLISHED customers of Peterson Auction and Realty LLC. IF YOU ARE HAVING ITEMS SHIPPED, PAYMENT OPTIONS: CREDIT CARD & ACH ELECTRONIC CHECKS (ACH Checks take 7-10 days to clear and your items will not be shipped until payment clears.) 3. TIME OF PAYMENT: Payment arrangements must be made with Peterson Auction within 48 hours of Auction close. Each purchaser will be required to make full payment in USD on each lot purchased by the end of the designated pickup date and time. The full purchase price of all lots to the same buyer must be paid within the time fixed and before removal of any goods. In default of such payment, a 15% of final bid price received non-payment fee will be charged to card on file. The auctioneer and seller reserve the right to immediately relist and/or sell items. Any and all defaulted bidders may be excluded from bidding in future Peterson Auction & Realty LLC. auctions. 4. REMOVAL: All items must be removed from premises no later than Friday, February 9th at 6PM. Removal shall be at the expense, risk and liability of the purchaser. Peterson Auction & Realty LLC. and Seller are not responsible for providing tools, manpower or equipment to aid in removal of purchased items. Purchases will be delivered only on presentation of paid bill. 5. CONDITION OF ARTICLES SOLD: The Auctioneer shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty in connection therewith. No sale shall be set aside, nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. NO DEDUCTION ALLOWED ON DAMAGED ARTICLES. ALL ARTICLES ARE BEING SOLD "AS IS" AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ARTICLES PURCHASED OR FOR PROXIMATE AND CONSEQUENTIAL DAMAGES ARISING THEREFROM. 6. SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser's responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation. 7. INDEMNIFICATION: Purchaser agrees to indemnify and hold the Auctioneer and Seller harmless from and against all claims and liabilities relating to the condition or use of the articles 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 therefrom. 8. CLAIMS: No claims will be allowed after removal of goods from premises. 9. RESPONSIBILITY FOR NON-DELIVERY: The Auctioneer or Seller shall not, in any event, be liable for non-delivery of any other matter or thing, to any purchaser of any lot, other than for the return to the purchaser of the sum of amount paid on said lot, should the purchaser be entitled thereto. 10. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time therein specified, the auctioneer in addition to all other remedies allowed by law, may retain all money received as deposit or otherwise, as liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice. 11. RISK TO PERSON AND PROPERTY: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer or seller from liability here for. Neither the Auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held. 12. ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from sale any of the property listed or to sell at this sale property not listed and reserves the right to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the seller will be served, the auctioneer reserves the right to sell all the property listed, in bulk. 13. SALE BY ESTIMATED WEIGHT, COUNT OR MEASURE: Where items are sold by estimated weight, count or measure, Peterson Auction & Realty LLC. or Seller are not responsible for any shortage or overage. 14. OPENING BIDS: The auctioneer reserves the right to reject all bids on lots upon which there is an opening bid, that do not meet or exceed the opening bid amount. 15. RECORDS: The record of sale kept by the auctioneer and bookkeeper will be taken as final in the event of any dispute. 16. AGENCY: The auctioneer is acting as agent only and is not responsible for the acts of its principals. 17. SALES TAX: Purchaser shall also pay all applicable sales or use taxes imposed by all taxing authorities on such transactions. Tax is charged based on the auction location not the location of the buyer. Therefore a sales tax of 8% will be applied to purchases (New York State, Chautauqua County). 18. BANKRUPTCY: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of the auctioneer, the sale may be voided. 19. ADDITIONAL TERMS AND CONDITIONS: The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction. 20. SHIPMENT: Shipment of items is at the discretion of Peterson Auction. Shipped items must be paid for with Credit Card or ACH Electronic Check. Call or Text Dakota at 716-397-9039 with questions about shipping. Purchaser is responsible for all packing and shipping expenses and must be paid in full prior to shipment. If you have any questions concerning shipping, please contact the Auction Company prior to the auction. Most items in this sale can be shipped. We the auction company do our own shipping. Please call Dakota at 716-397-9039 for more detailed shipping information. If you are planning on having your purchases shipped, understand it is your responsibility to responsive to our emails and/or call after the auction. Purchases must be paid in a timely manner as we need to pay the consignors. If you are not responsive your purchases will be voided and you will be blocked from bidding in future auctions. Firearms must be shipped to an FFL. We charge actual shipping costs plus $10 on firearms(Firearm boxes alone cost $7). We ship firearms via USPS Priority. WE WILL NOT SHIP POWDER OR PRIMERS.