Estate of James Holman with Additions

The following, as amended from time to time, including by any posted notices or announcements during the sale, constitutes the entire terms and conditions, subject to any terms and conditions of, on which lots listed in the online catalog shall be offered for sale or sold by A-OK Auction Company (AOK)PLEASE READ THIS AGREEMENT IN ITS ENTIRETY PRIOR TO BIDDING. Any AOK auction is conducted under these terms and conditions and applicable state, federal and local law. Any person participating or registering for an AOK auction agrees to be bound by and accepts these terms and conditions. AOK herein refers to and includes, the company, its representatives, officers, directors, stockholders, members, managers, employees, consultants, agents, and affiliates. Any announcements or corrections made during a specific auction supersede the terms of this Payment and Bidder Agreement for such auction. THIS AGREEMENT BINDS YOU TO ARBITRATION AND BY AGREEING TO THE TERMS HEREIN YOU ARE GIVING UP YOUR RIGHT TO BRING A LAWSUIT AGAINST AOK. YOU SHOULD REVIEW SECTION 12 CAREFULLY PRIOR TO BIDDING ON ANY LOTS. BY BIDDING, THE BIDDER AGREES TO A-OK'S SHIPPING AND HANDLING POLICY AND OTHER CHARGES, WHETHER KNOWN OR NOT TO BIDDER AT THE TIME OF BID. BIDDER FURTHER AGREES THAT NEITHER DELIVERY OF AN ITEM AFTER THE DATE DESIRED OR EXPECTED BY BIDDER OR LOSS OF AN ITEM BY A THIRD-PARTY DELIVERY ENTITY GIVES RISE TO A CAUSE FOR A CHARGEBACK CLAIM AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM. TERMS AND CONDITIONS OF SALE 1. All items are sold AS IS, WHERE IS WITH ALL FAULTS. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR, AS APPLICABLE, DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are the opinions of A-OK, and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. A-OK believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. A-OK attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from A-OK that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question. We are not affiliated with any government entity and not all of the items sold were seized. Items sold by us are sourced from multiple channels and there are no assurances that any of the items being sold have been seized. 2. Neither A-OK nor the consignor, as applicable, make any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, and completeness, condition of property or estimate of value. Any appraisals, Estimates (as defined herein) or evaluations provided are solely for the convenience of the bidder and A-OK makes no warranties of any kind relating to them. Appraisals may include valuations which reflect the full, highest retail price of the item in a specific geographic region. The terms Estimate or Estimated Value (collectively 'Estimate') as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. Similarly, no appraisal value should be considered to represent the actual resale value, insurance replacement value, or cost of a similar good. No statement (oral or written) shall be deemed such a warranty or representation, or any assumption of responsibility. In no circumstance will a vastly different appraisal or estimate of any third-party given on behalf of a purchaser in a A-OK auction be grounds for a return, cancellation or refund. All measurements given are approximate and within industry standards and customs. 3. In no event shall A-OK's liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall A-OK have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of A-OK. 4. The successful bidder is the highest bidder acknowledged by A-OK. In the event of any dispute between bidders, or in the event of doubt on A-OK's part as to the validity of any bid, the A-OK will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, A-OK's sale record is conclusive. While A-OK makes every effort to guarantee accuracy, in the event of a mistake on the part of auctioneer, and a lot is accidentally declared sold by mistake of the auctioneer, A-OK reserves the right to cancel the sale and relist the lot in its sole discretion. Bids may be received by A-OK through the internet, telephone, or e-mail. Bidding through a telephone, or e-mail are only available to pre-qualified dealers or resellers. If you desire to qualify as a qualified dealer, please contact us to receive approval. Approval as a qualified dealer is at the sole discretion of A-OK . 5. The bidder assumes full responsibility for items at the fall of the hammer (or expiration of time in an online auction). A bid entered by mistake on the part of a bidder is NOT grounds for a cancellation of the bid. Each bidder is responsible for his or her own account and bids. By allowing access to another who enters a bid without your knowledge will NOT be grounds for a rescission of the bid(s). Therefore, any bid made on your account will bind you to the bid in accordance with these terms. If an entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid. 6. All bids are subject to (i) a non-refundable 18% buyer's premium which shall be added to a successfully placed bid upon sale of each lot, (ii) any applicable local sales tax, and (iii) shipping and handling costs that are more fully described in the section entitled 'Shipping and Handling' below (collectively, the 'Purchase Price'). For all residents of Virginia or shipments to Virginia, applicable sales tax will be added to your invoice. Any bidder that represents a purchaser is personally and individually responsible for any obligations of the purchaser set forth in these terms and conditions. All purchasers purchasing pursuant to a valid resale license will need to provide appropriate documentation for removal of state sales tax. 7. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by A-OK. In the placing of any bid the bidder understands and agrees that the bid, once accepted by A-OK, will be the winning bid if there is no higher bid by another bidder. All bids are binding, irrevocable and non-cancelable by bidder. A-OK has final discretion on sale of a lot. The decisions of A-OK are final. In the unlikely event that we lose our internet connection, A-OK reserves the right in its sole and absolute discretion to cancel the remainder of the auction. 8. PAYMENT: We accept cash, bank wire transfers, personal or company check, and money orders with the exception of Firerarms, Knives, and Alcohol. Credit Card payment can be made online using your online auction platform with the exception of Firerarms, Knives, and Alcohol. International invoices over $25,000 require a wire transfer, as do the sale of automobiles and certain other high value items at our discretion. We do not accept PayPal payments. For items purchased online, you will be emailed an invoice within 24 hours after the auction. It is your responsibility to contact A-OK at (276-676-0009) or email A-OK at aokauctioncompany@gmail.com for payment. If paying by check, A-OK reserves the right to hold all purchases until the check has cleared to the satisfaction of A-OK and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. 9. LIQUIDATED DAMAGES: IN THE EVENT THAT YOU BID AND ARE DEEMED THE WINNER OF AN ITEM BY A-OK, BUT FAIL TO MAKE PAYMENT IN ACCORDANCE WITH THE INVOICE SENT TO YOU OR CLAIM A DISPUTE WITH ANY THIRD-PARTY PAYMENT INTERMEDIARY, SUCH AS A CREDIT CARD COMPANY, YOU WILL BE ASSESSED A CHARGE OF 15% OF THE HAMMER PRICE AS LIQUIDATED DAMAGES. BY BIDDING ON ANY SUCH LOT YOU HEREBY AGREE TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES AS A RESULT OF THE IRREPARABLE HARM THAT WILL BE SUSTAINED BY A-OK. FURTHERMORE, IN THE EVENT THAT A WINNING BIDDER FAILS TO MAKE ANY PAYMENTS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE LIQUIDATED DAMAGES DESCRIBED HEREIN, WE RESERVE THE RIGHT TO REPORT SUCH NONPAYMENT TO CREDIT AND COLLECTION AGENCIES IN OUR SOLE DISCRETION. 10. A-OK reserves the right to reject any bid at any time and at his sole discretion. A-OK additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. A-OK reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 11. If any dispute occurs between a bidder and A-OK that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of Virginia. A-OK shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. In the event that an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in an A-OK auction, bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder's SOLE means to resolve any and all disputes which may arise with A-OK. By doing so bidder specifically agrees that bidder will not file a dispute of any kind with an online venue, a credit card, or any other third-parties. Bidder specifically waives the right to initiating a credit card charge back dispute on any basis of claim and agrees that bidder will pay A-OK a minimum of $300 plus hourly charges and costs for any such charge back dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of A-OK's approval of the application of the bidder to bid in A-OK's auction, bidder confesses judgment to fraud having been committed by bidder against A-OK and further agrees that bidder is liable to A-OK for all damages, losses and costs, including time charges, resulting. 12. The bidder hereby waives, releases, remises, acquits, and forever discharges A-OK and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. A-OK or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding. 13. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions. 14. Know your State/Federal firearms laws BEFORE bidding. We have a licensed FFL Dealer onsite. All federal and state firearm laws govern every aspect of this auction and any infraction of the law will immediately be reported to local law enforcement and the ATF. You must be 18 to purchase rifles of shotguns and 21 to purchase a handgun. There is no inspection period for your purchase, ALL GUN SALES ARE FINAL. You are responsible for knowing if your state bands a certain type of firearm/ammo/accessory from being shipped to you. All Virginia residents purchasing modern firearms produced after January 1st 1899 must complete a Virginia State Police background check in our Abingdon, VA gallery. The purchaser will be responsible for any processing fee per background check, and any transfer fees. Assault Rifles and accessories require additional identification per Virginia State Police requirements. All out of state firearm buyers are responsible for shipping cost and obtaining approval from a licensed FFL dealer to accept your purchase. A current signed copy of the receiving FFL licensee is required to be sent to our office in order to allow the firearm to be shipped. Only the registered bidder is allowed to pay and pick up firearms from our gallery. 15. A-OK Auction Company does not handle packing or shipping. All Items are delivered at no expense to our local UPS store. A-OK Auction Company will have no liability for any loss or damage to items. It is Buyer?s Responsibility to contact UPS to arrange shipping - (276) 623-9045. Alternatively, the Buyer can arrange for pick up of items through carrier of their choice. A-OK Auction Company does not pack the items for pick up by carrier. 16.The Auctioneer And The Consignor Assume No Risk, Liability Or Responsibility For The Authenticity Or The Authorship Of Any Property Identified In The Online Catalog (That Is, The Identity Of The Creator Or The Period, Culture, Source Or Origin As The Case May Be, With Which The Creation Of Any Property Is Identified Herein). All Property Is Sold "As Is," And Neither The Auctioneer Nor The Consignor Makes Any Warranties Or Representations Of Any Kind Or Nature With Respect To The Property, And In No Event Shall Be Responsible For The Correctness Or Any Implied Warranty Or Merchant-Ability Or Any Implied Warranty Of Fitness For A Particular Purpose As It Relates To Description, Genuineness, Attribution, Provenance, Safety, Reliability Or Condition Of The Property. If Any Implied Warranties Of Merchant-Ability Or Fitness For A Particular Purpose Can Be Construed From The Catalog, Auction, Or Bill Of Sale, Such Warranties Are Disclaimed By The Auctioneer And The Consignor. No Statement In The Online Catalog Or Made At The Sale Or In The Bill Of Sale Or Invoice Or Elsewhere Shall Be Deemed Such A Warranty Or Representation Or An Admission Of Liability. Moreover, The Auctioneer Nor Consignor Will Not Be Held Responsible For Any Variations In Appearance Of Online Photographs.