Tom Swentkofske Sporting Collection

1. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on which items listed in Auctioneers Inc. catalog, on the internet web site and addendum sheets will be offered for sale or sold by Auctioneers Inc. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and agree to be bound by same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions of sale. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT. 2. BUYER?S PREMIUM AND SALES TAX. All bid prices ?hammer prices? ("hammer prices" mean the price at which a lot is knocked down to the purchaser) will be subject to a buyer?s premium of 28% payable by the purchaser. The premium is added to the purchaser's successful bid and the two together equal the total purchase price. The tax is computed on the total purchase price (hereinafter the total purchase price and applicable sales tax will be referred to as the "Total Amount Due"). All Sales are subject to Michigan 6% Sales Tax unless a copy of 2016 sales tax license is provided. Generally, all items shipped out of state are tax free sales. 3. METHOD OF PAYMENT. Visa, Discover, M/C 4. TERMS OF PAYMENT. At the announcement of ?SOLD?, the highest bidder will have purchased the offered lot. All sales are final at the fall of the Auctioneer?s announcement of ?SOLD?. The purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility thereof. The purchaser further agrees to pay the Total Amount Due. The Total Amount Due must be paid in full the day of sale. 5. WITHDRAWAL. Auctioneers Inc. reserves the right to withdraw any property from the auction prior to sale. 6. PROTESTS, DISPUTES AND THE AUCTIONEER.Auctioneers, Inc reserves the right to reject a bid from any bidder. The highest bidder, acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Auctioneers Inc. records will be deemed conclusive in all respect in the event there is any dispute after the sale. 7. FAILURE TO DELIVER PURCHASER'S PROPERTY. If Auctioneers Inc. is prevented by fire, theft, or any other reason from delivering any property to the purchaser, Auctioneers, Inc liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages. 8. GUARANTEE. All property offered for sale is as is, where is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Auctioneers Inc. does not guarantee or make warranties on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. Auctioneers Inc. acknowledges that there may be errors in what is written. It is recommended that you personally view any item you bid on or have an acknowledged expert view the item. Statements with the word condition are opinions, not statements of fact or guarantees. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition are qualified statements of opinion and not representations or warranties. No employee of Auctioneers Inc. or any person purporting to act on behalf of Auctioneers Inc. is authorized to make on Auctioneers Inc. or the consignor's behalf, any representation or warranty, oral or written, with respect to any lot or item for sale. 9. ABSENTEE BIDDING. As a service to anyone wishing to place bids in advance of the sale Auctioneers Inc. may accept bids on behalf of potential bidders at Auctioneers Inc. own discretion by telephone or sealed bid using the forms Auctioneers Inc. provides.Please Contact Grant 231-651-9099 if you wish to place an absentee Bid. Additionally, on-line bidding is available on www.MiAuctioneersInc.com website. Purchasers acknowledge that by bidding absentee via mail, e-mail, telephone, through internet providers, or any other absentee means (i.e., not in person bidding), no fiduciary duty exist between the bidder and Auctioneers Inc. The purchaser acknowledges that Auctioneers Inc. has a financial interest in all items offered for sale. Purchaser acknowledges that Auctioneers Inc. has a fiduciary duty to the sellers and not to the bidders or purchasers. Purchaser acknowledges that Auctioneers Inc. owes no duty to disclose the ownership of any item being auctioned. Any absentee bid will be executed as if the bidder was actually present and bidding themselves. Auctioneers, Inc assumes no responsibility for failure to execute telephone, sealed, or website/online bids for any reason whatsoever or for failure to execute bids. 10. TELEPHONE BIDDING. In order to bid on a lot over the telephone at the time it is being sold the bidder must contact Auctioneers Inc. in advance to make arrangements. The bidder must contact Auctioneers Inc. no later than 8:00 p.m. EST the day preceding the sale to make arrangements to bid via telephone. A representative of Auctioneers Inc. will contact the bidder prior to the requested lot(s) going up for sale. Telephone Bids can be submitted through email at Auctioneersinc@gmail.com 11. FIREARMS LAWS. Dealers and out-of-state purchasers must have in their possession on the day of sale, signed copies of their Federal Firearms License (FFL) in order to accept same-day delivery of modern weapons. Purchasers who act as agents for FFL dealers must have a letter of agency as well as a signed copy of the dealer's FFL. For purchasers who do not have an FFL will be subject to background check and will be obligated to fill out all necessary documents. 12. SHIPPING. ALL SHIPPING WILL BE handled by outside carriers or packers, including those Auctioneers Inc. may have recommended, may carry their own insurance and any claims for losses or damages should be addressed directly to the outside carriers or packers. Auctioneers Inc. will coordinate for packing and shipping at Auctioneers Inc. earliest possible convenience. Purchaser pays shipping, packing materials, and insurance charges. Any firearms needing to be shipped will be shipped by Auctioneers Inc. choice FFL dealer and purchaser will make arrangements as to which FFL dealer their item will be shipped to. Purchaser is fully responsible for any and all cost involved in shipping. It is purchaser?s full responsibility to insure his or her own items being shipped and not the responsibility of Auctioneers Inc. 13. DISPUTES UNDER THIS CONTRACT. Purchaser and Auctioneers Inc. agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to Auctioneers Inc. In the event the purchaser fails to make full payment to Auctioneers Inc. may, but is not required to, proceed directly to court. Furthermore, the purchaser and Auctioneers Inc. agree that should Mediation be necessary, Mediation fees, if any, will be borne solely by the purchaser. Purchaser and Auctioneers Inc. are required under the terms and conditions of sale to enter into Mediation before arbitration or any court action. Should a party commence legal action other than Mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney?s fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Benzie County, State of Michigan, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties the purchaser and Auctioneers Inc. agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Benzie County, State Of Michigan. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute I then submit to neutral binding Arbitration with Auctioneers Inc. and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder. 14. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD ?AS IS? ?WHERE IS?. NEITHER AUCTIONEERS INC. OR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST?S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED AUCTIONEERS INC. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AUCTIONEERS INC. BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.