Ness Personal Property - 10530 Uncas Trail

ONLINE PERSONAL PROPERTY AUCTION TERMS

BIDDING PROCEDURE BUYERS ARE TO FOLLOW WITH NO WAIVER

Thank you for participating in Ness Bros Online Auctions. It is important that you familiarize yourself with the terms and conditions as all sales are final and irrevocable. The terms of sale are non-negotiable. Good luck and good bidding!

---  BIDDERS PACKET: All bidders who have registered for the online auction can view copies of the terms at

      www.NessBros.com on the specific property Auction Detail Page.

---  ONLINE REGISTRATION: Registration for this auction (online) finalizes each bidder's agreement to the terms and conditions of sale which are incorporated by reference into your bidding. Do not bid until you have read the terms and conditions. In order to bid on the Personal Property, all bidders must be signed in through www.Bid2NessBros.com. There is no fee to register, but a valid credit card will be required to verify identity. By bidding you are representing to Ness Bros. Realtors & Auctioneers ("Ness Bros."), and the Seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated, DO NOT BID or you will be bound by those terms and conditions.

---  CONDUCT OF THE AUCTION: The Seller and selling agents reserve the right to preclude any person from bidding if there is any question as to the person's identity, credentials, validity of the credit card, fitness to bid, financial ability to buy, etc. All decisions of the Auctioneer are final. THE SALE WILL BE CONTROLLED BY THE AUCTIONEER SOFTWARE. Ness Bros is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. Seller reserves the right to cancel or withdraw any personal property item at any time and approve all final bids.

---  BIDDING: Bidding starts at the nominal Opening Bid(s) indicated and is open to all who registered and are approved by the way of verified identity and credit card information. The bidding will be open for minimum of 7 days. The auction ends at a predetermined time with an Overtime Period if necessary, which is defined as follows: if a bid is placed within two (2) minutes of the close of bidding, then another two (2) minute period commences from the time of the last bid until no bids are placed within the next two (2) minutes. The last bid shall be made final. The Bidder is responsible for knowing which item he is bidding on. Auctioneer cannot honor “mistakes”.

---  AGENCY DISCLOSURE & GENERAL OFFICE POLICIES: Ness Bros. represents the Sellers only and does not inspect merchandise on bidder's behalf.

---  DISCLAIMER & ABSENCE OF WARRANTIES: All items are sold "AS IS, WHERE IS" basis. No warranty or representation, either expressed or implied, concerning the Personal Property, its condition, or the condition of any other components on the Personal Property, is made by the Seller or Ness Bros. The information contained online or in the Brochure is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller or Ness Bros. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the personal property.

---  TERMS: A Buyer's Premium of 17% will be added to the high bid and included in the total purchase price. All Final Purchases will be Processed with Credit Card Provided during registration. If shipping items, an additional Credit Card charge will be used for the Pak Mail Services. All bids accepted on the Personal Property are subject to the Sellers approval.

--- GUN TERMS & CONDITIONS: All guns must be transferred, picked up, or shipped through Hillside Shooting Sports located @ 7870 N Mayne Road, Roanoke, IN 46783. Please contact them at 260-672-3715. There will be a transfer fee per gun charged by Hillside Shooting Sports upon pickup. Shipping is available at buyer’s expense. For all Out of State bidders, you must provide a copy of the FLL contact info before end of auction to confirm shipping rules and regulations with Hillside Shooting Sports.

---  EXECUTION OF WINNING BID:  Within 24 Hours Immediately following the close of the auction, the Buyer will be contacted by the Auction Company via email to confirm contact information and (shipping address and/or personal pick up) for items won at Auction.

---  POSSESSION/REMOVAL: Pickup in person of items will be @ 10530 Uncas Trail, Fort Wayne, IN 46804 on     Wednesday, April 5, 2023 during SCHEDULED TIMES between 1:00 – 4:00 pm. A LINK TO THE CALENDLY SCHEDULE WILL BE SENT VIA EMAL AFTER YOUR INVOICE IS PROCESSED AND YOU WILL CHOOSE YOUR INDIVIDUAL TIMES SLOT. Do not move merchandise without auction personnel present to check you out. Buyers are responsible for all risk of loss, property damage, personal injury caused by removal, and all costs of removal of items/lots purchased. Buyers are responsible for capping any electrical, plumbing, or gas lines that are disconnected from removing their items. Buyer is responsible for repairing any damage or void created in the building from the removal of their items. Moving & loading services contracted with any transport company, rigging company or moving company are independent of the Auctioneer, and Auctioneer shall be held harmless from any claims arising between the buyer and said company. If the winning bidder cannot pick-up the items on the above allotted date and time, there will be a Minimum $45 fee charged for a Ness Bros Auction Crew Member to meet the winning bidder on a different date and time, based solely on the Sellers schedule and circumstances.

--- GUN TRANSFER LOCATION FOR NON-LICENSEE'S: Hillside Shooting Sports is a federal firearms licensee. Before any firearm is transferred into your possession, you will have to fill out a 4473 and pass a background check. All background checks, transfers and related actions will have to be completed at 7870 N Mayne Road, Roanoke, IN 46783. Federal Firearms Licensee's may take possession of firearms purchased by them on the pickup date of the auction provided they have a current, valid FFL. Non-FFL's must pass a background check at the time they pick up their firearms on a day designated by the Auctioneer. FELONS: If you are a convicted felon, even if you have had your right to vote restored, you may not be able to own or possess firearms. Please do not bid on these weapons unless you have been issued a possessory number by the BATF. SHOTGUNS & RIFLES: Hillside Shooting Sports can convey long guns to you in the State of Indiana if you are from another state, provided that the long gun being conveyed is legal in the state where you reside. HANDGUNS: If you are from a state other than the State of Indiana, we cannot transfer a handgun to you. You will have to give the name and contact information for a federal firearms licensee in your area, and they will transfer the handgun to the licensee and he will have to transfer it to you. That licensee may charge you an additional fee for that service. This does not apply to long guns. DOMESTIC VIOLENCE OR RELATED OFFENSES: If you have ever been convicted of a crime involving domestic violence, whether it was a misdemeanor or felony, you may not possess firearms under Federal Law. If you are currently under a restraining order or charges of any kind related to a domestic situation, you may not possess firearms under Federal Law. POSSESSION OF PURCHASED FIREARMS: You will not be given possession of firearms purchased until your payment has been processed and you fill out the appropriate paperwork and pass the background check. BACKGROUND CHECK STATUS DENIED: If you purchase a weapon and are denied, you cannot bring someone else in to get a background check done. The background check is on the bidder only. If you are the successful high bidder and are denied on the background check, we reserve the right to place the firearm in the next available auction event and will resell it for you. You will be charged a 25% commission on the sale.

---  GUN POSSESSION/REMOVAL: Guns to be picked up at Hillside Shooting Sports located @ 7870 N Mayne Road, Roanoke, IN 46783. Please contact them at 260-672-3715. You will be contacted by the auction crew manager at end of auction to schedule a time during Business Hours to acquire the guns and fill out the proper registration paperwork and background check within 1 week after auction ends.

---  PACKING & SHIPPING: The buyer is responsible for the shipment of all purchased property. As a convenience to the buyer, the Auction House will give your property to Pak Mail within 10 days after in person pickup date. Pak Mail will contact you with an estimate for packaging and shipping via email or phone after the Auction House has been paid. Pak Mail will pack and ship via UPS, FedEx or other carrier, fully insured, for a fee payable in advance by PayPal or credit card. Buyer will be contacted within approximately 30 days for shipping arrangements, with shipping to follow. We are not responsible for any damage or loss that occurs while your objects are in another's care. The auction house and Pak Mail will also not be responsible for any damage or loss that occurs if you choose a shipping method that we have advised against and we will require a waiver from you acknowledging this. All international customs, duties, and other tariffs are the responsibility of the Buyer. The selling price will be the declared value for coverage during shipping in all cases.

      Pak Mail: 6435 Jefferson Blvd, Fort Wayne IN 46804 (260-432-8718)

---  MISSING / LOST: The auction company and sellers are not liable for lost or stolen items purchased at the sale. However, a refund shall be given in the amount of the final bid price if the personal property item is cataloged as a single lot item. If the personal property is in a grouped lot with multiple items, the auctioneer will determine a commensurate amount based upon the missing item for refund. 

---  DEFAULT: If the winning bidder refuses or fails to complete the transaction for ANY reason (including, but not limited to, remitting the total purchase amount, or arranging pickup of the item), Buyer shall relinquish ANY right to complete the transaction and shall have no rights or interest in the property. Any property forfeited by the buyer may be resold, and any cost of removal, deficiency or loss may be charged to the buyer for liquidated damages to Seller. PLEASE BE ADVISED: Various state statutes give Seller the right to pursue legal action against bidders who refuse to complete transactions. This may include (but is not limited to) suit to compel completion of the sale, and/or criminal charges of fraud or other intentional act.

---  AUCTIONEER RESERVES: Auctioneer Reserves the right to make changes to an auction, to split or combine lots, cancel, suspend or extend the auction event.

---  DISPUTES:  If any dispute arises concerning any part of the online auction process,  payment of items , quality, quantity of merchandise being sold or if an item  has been paid for by an buyer and then  the item is no longer available for buyer to obtain.  The auctioneer has final say so on resolving said dispute and auctioneer may elect to refund to the buyer their total funds used to purchase said items as resolving the dispute.  If the auctioneer elects to refund buyer their money, buyer herein agrees that this will terminate all said buyer's rights to any future claims against Ness Bros and the seller concerning this matter.

YOU ARE ENTERING INTO A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONE'S SELF OR ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND BINDING CONTRACT TO PURCHASE. ANY BIDDER WHO FAILS TO CONSUMMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE SELLER AUCTION EVENTS AND MAY BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS.

STATEMENTS MADE BY THE AUCTIONEER WILL TAKE PRECEDENCE OVER PREVIOUS PRINTED MATERIALS OR ANY PREVIOUS ORAL STATEMENTS