CLASSIC FIREARMS AND AMMUNITON AUCTION!

ALL SALES ARE FINAL. Bidder Terms & Conditions 1. DEFINITIONS: The term "Consignor? refers to individuals that bring goods to be sold on their behalf by the Auction Company. The term "Auction Company" refers to Hugo?s Guns and Ammo herein referred to as HG&A. The term "High Bidder" and "Buyer" refers to the successful high bidder at the Auction. The term "Bidder" refers to any bidder at the Auction. The term "Auction" refers to the Seller's auction event presented by the Auction Company. The term "Property" refers to the assets (firearms, ammunition, accessories) to be bid at the Auction and sold to the High Bidder. The term "Contract" refers to the agreement between Buyer and HG&A concerning the purchase of the Property. The term ?Firearm? (as defined by the Agency of Tobacco and Firearms, aka ATF) refers to (a) Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (b) The frame or receiver of any such weapon; (c) Any firearm muffler or firearm silencer; (d) Any destructive device. 2. GENERAL INFORMATION: The placement of a successful bid at Seller's Auction establishes a legally binding contract between the successful High Bidder (Buyer) and HG&A. HG&A?s Auctioneer's announcement of the high bid amount and the bidder's number, or by placing an online bid, establishes the Contract. This Contract is bound by these Terms and Conditions as well as special terms and conditions published by HG&A for the specific Auction and other Federal regulations governing contracts for the purchase of the Consignor's Property. The successful bidder is legally bound to pay for the Property awarded in accordance with its/his/her bid. HG&A is acting as the agent of the Consignor with respect to the sale of the Consignor's Property. 3. ELIGIBILITY OF BIDDER: (a) HGA?s services are available only to and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, HG&A?s services are not available to individuals under the age of 18, to temporarily or indefinitely suspended bidders, and to individuals who as defined by law, are not eligible to possess a firearm. (b) Eligibility of Bidder: The Bidder warrants that he/she is not: (i) Under 18 years of age; (ii) A bidder that has been temporarily or permanently suspended from bidding on the auction platform, (iii) individuals presently debarred or declared ineligible by any Federal agency from legally possessing firearms and ammunition, including but not limited to handguns (pistols and revolvers), rifles, shotguns, modified weapons made from a rifle or shotgun, machineguns, silencers, and/or any other weapon as defined by ATF that discharges a projectile through chemical propellant combustion (explosive); (Iv) at least 18 years of age for purchase of a long gun (rifles, shoguns), and at least 21 years of age for the purchase of a handgun (pistols and revolvers) 4. BIDDER ACCOUNT CANCELLATION: HG&A reserves the right to suspend or revoke Buyer's bidding privileges for any reason or no reason at all with or without notice. 5. ITEMS ADDED OR DELETED FROM THE SALE: Consignors and HG&A reserve the right to add or delete listed items to or from the Auction at any time. 6. "AS-IS, WHERE-IS": (a) DESCRIPTIONS: These assets are auctioned off AS-IS, WHERE-IS, WITH ALL FAULTS, WITHOUT WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED, AS TO AGE, YEAR OF MANUFACTURE, MANUFACTURER, IMPORTER, MODEL, CALIBER, FUNCTIONALITY, CONDITION OR ANY OTHER SPECIFICATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. DESCRIPTIONS OF PROPERTY BEING AUCTIONED OFF WRITTEN, PUBLISHED, OR ORAL ARE FURNISHED AS A GUIDE ONLY. NO GUARANTEE AS TO THE ACCURACY OF THE DESCRIPTION IS MADE. Neither the Consignor, nor HG&A shall be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. No allowance, refund or set aside will be made on account of any incorrectness, error in cataloging, imperfection, defect, or damage. In addition, any statement in regards to the functionality of a firearm means that the firearm was tested/fired during initial inspection by an HG&A Authorized Agent. It is not a warranty or representation that any firearm will fire at any time thereafter. (b) INSPECTION & DUE DILIGENCE: It is the sole responsibility of the Buyer to ascertain, confirm, research, inspect, and/or investigate any Property offered prior to placing a bid. Buyer expressly agrees not to base a bid or otherwise rely on any information provided by HG&A or any Authorized Agent. Information on conditions is limited and subject to change without notice. Bidders may obtain additional information by attending live previews and visually inspecting the items. It is the responsibility of the Buyer to have thoroughly inspected the property and to have satisfied him or her as to its condition and value and to bid based upon that judgment solely. 7. BIDDER REPUTATION: Auction Company is part of a nationwide network of auctioneers that use the LiveAuctioneers bidding platform. Any time a Bidder is permanently declined by an auctioneer, he or she may not be able to bid with HG&A, and/or with other auctioneers on the LiveAuctioneers platform. 8. ABSOLUTE AND RESERVE AUCTIONS: All auctions will be considered Absolute unless specified otherwise by HG&A. Absolute auctions are defined as a type of auction in which the sale is awarded to the highest bidder. Absolute auctions do not have a reserve price, which sets a minimum required bid for the item to be sold. (a) CONSIDERATION OF BIDS: In the given case an Auction is conducted with Reserve, HG&A will notify all bidders on the description section of the Auction. HG&A reserves the right to approve the final transfer of Property to the successful High Bidder, even after the Auction lot closes. If the minimum reserve price is not achieved, HG&A may withdraw the goods at any time. In addition, HG&A retains the right to reject any bids for any reason or to make counter offers or accept back up offers at their sole discretion. (b) DISCLOSURE OF MINIMUMS: Neither the Consignor, nor the HG&A will disclose the reserve amounts. Please note there will not be a "Reserve Met" or "Reserve Not Met" disclosure during the Auction. 9. GRADING CONDITIONS: A grading scale will be used for the description of used property. Please refer to the table at the end of Auction Term for description of property.10. BID RESULTS: HG&A will only contact successful Buyers. Please allow 24-48 hours post auction to receive your official invoice from HG&A. The invoice will include item, hammer price, premium, packing and handling, shipping, insurance, and any other charges that apply. ALL SALES ARE FINAL! NO RETURNS OR EXCHANGES WILL BE ACCEPTED. 11. PAYMENT: All accounts must be settled at the conclusion of the auction. HG&A accepts all major credit cards. A charge of 3.5% will be added to credit card transactions. Cashier Checks and Money Orders are also accepted, and will not incur the 3.5% additional charge. Bidder must notify HG&A of their intentions of paying by either cashiers check or money order. NO PERSONAL CHECKS ARE ACCEPTED. Debit cards will be treated as credit cards and will incur the additional 3.5% charge. Any bidders with credit cards that are declined on reconciliation day will be charged a $30 processing fee to run another credit card- NO EXCEPTIONS! 12. SALES TAX: HG&A is required to collect sales tax for all purchases where applicable. It is the Buyer?s responsibility to know the sales and use tax law in their locality and know what sales and use tax will be due upon their purchase. Lots are subject to all applicable state and local taxes, unless appropriate permits are on file with HG&A including lots delivered to the Buyer, or the Buyer?s representative. Buyer agrees to pay HG&A the actual amount of tax due in the event that sales tax is not properly collected due to: (i) an expired, inaccurate, or inappropriate tax certificate or declaration, (ii) an incorrect interpretation of the applicable statute, (iii) or any other reason. The appropriate form or certificate must be on file at and verified by HG&A five days prior to Auction, otherwise tax must be paid. If such form or certificate is received by HG&A within 4 days after the Auction can a refund of tax paid be made. Lots from different auctions may not be aggregated for sales tax purposes. 13. BUYER?S PREMIUM : A 20% buyer?s premium will be added to all successful bids and is payable by the Buyer as part of the total purchase cost. 14. SHIPPING AND HANDLING: HG&A will handle all shipping and handling. Shipping will be based on actual costs via FedEx. Shipping insurance will be automatically added, unless declined in writing on a waiver form signed by the Buyer prior to item being shipped. A handling charge of $10 will be added to every boxed shipped. A transfer fee of $10 per firearm will also be added. HG&A will make all reasonably efforts to combine items in one container, however it cannot be guaranteed. A separate invoice will be emailed to all Buyers with all shipping and handling charges. HG&A will ship to all 50 states within the United States. HG&A WILL NOT SHIP ANY ITEMS TO INTERNATIONAL BUYERS. Upon receipt of any firearm, it is the sole responsibility of the Buyer to have all firearms inspected by a qualified Gunsmith to ensure functionality and safety prior to shooting. 15. FIREARM TRANSFERS: a) HG&A is a licensed firearms Dealer. All firearms transfers will be in strict accordance with all Federal, State and local laws. Buyer is responsible for checking state and local laws before bidding. Individuals unable to purchase or own a firearm according to their residency laws, do not bid on these items. Buyers that bid and find out later they cannot legally own/accept delivery, the bid is still a valid contract that the Buyer is required to pay. Any firearms being shipped are legally required to be shipped to a licensed FFL dealer within the Buyer?s state of residence for transfer and pickup. Buyer is responsible for all shipping and transfer costs incurred. It is the Buyer?s responsibility to contact a licensed Dealer, and have that Dealer send a copy of their FFL to hugo@hgaauctions.com with the Buyer?s name and paid invoice number notated on the subject line. It is the Buyer?s responsibility to know the state and local laws governing transfer of certain firearms in their locality. Any firearms manufactured prior to 1898 are considered antiques, and can be shipped directly to Buyers without having to complete a transfer through an FFL Dealer. 16. NATIONAL FIREARMS ACT (NFA) CLASS 3 WEAPONS AND DESTRUCTIVE DEVICES (DD): Buyer must provide HG&A with a copy of the Dealer?s active FFL and either their Special Tax Registration (SOT) or Destructive Device (DD) license, whatever applies. 17.. COLLUSION: Practices that eliminate competition, such as collusive bidding may warrant criminal, civil, or administrative action against the participant(s). 18. DISCLAIMER DUE TO TECHNICAL DIFFICULTIES AND INTERNET ISSUES: HG&A has made every reasonable effort to facilitate online bidding through LiveAuctioneers bidding platform. However, it is possible that technical difficulties and internet issues may arise that affect the bidding platform, computer, server or the Bidder's computer, personal device or software which is beyond the control of HG&A. By registering, Bidder acknowledges that HG&A is not responsible for technical difficulties or internet issues associated with a bid and that, in the event technical difficulties interfere with or prevent a bid, it may be necessary to withdraw items from bidding due to technical errors or uncontrollable circumstances. Further, in the event of the occurrence of a technical difficulty during an Auction, HG&A in its sole discretion, reserves the right to: (i) declare a Property sold, (ii) postpone or cancel the Auction, (iii) extend the bidding time for the Auction (which may re-open bidding on closed items, if any) and/or (iv) re-list the Property for auction at another date and time. The decision of Auction Company on this matter shall be final. Bidder acknowledges that, by registering in any auction held by Auction Company, Bidder accepts the terms and conditions of this disclaimer. 19. LIMITATION OF SELLER'S LIABILITY: Under any provisions of the Terms and Conditions and the Contract, HG&A?s liability to Bidder, if established and proven, shall not exceed Bidder's (whole or partial) payment made to Consignor for the Property's purchase price set at the Auction. The liquidated damages specified herein are not penalties, but a reasonable estimate of the cost: (i) to Consignor due to pulling the Property from the Auction, if required, and (ii) to Bidder concerning the lost transaction. In no event shall HG&A be liable to Bidders for any other actual, punitive, speculative, or consequential damages, nor shall Bidder be entitled to bring a claim to enforce specific performance of the Terms and Conditions and the Contract. 20. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS: It is the High Bidder's responsibility to ascertain and comply with all applicable Federal, State, local, and multi-jurisdictional laws, ordinances, and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, processing, manufacture, sale, use, or disposal of the Property listed in the sales catalog. The High Bidder or user of this Property is not excused from any violation of such laws or regulations either because the Consignor is a party to this sale or has had any interest in the Property at any time. 21. RECALLS: Property being auctioned may be subject to open recall notices. It is the Buyer's sole responsibility to check for and act upon any applicable recall notices. Certain parts subject to those recalls may still be present in the Property. Buyer assumes full responsibility to identify such recalls and will refrain from re-using or selling any part subject to such safety recalls. Failure to mention or absence of notice does not imply that certain property does not have an open safety recall and does not constitute any warranty, guarantee, or refund. Recalls and other safety information is available through the Manufacturer of the property website. 22. DISPUTES: The High Bidder agrees that in any dispute between the HG&A and the winning Bidder, arising in connection with any sale of a Property at the Auction, HG&A?s Auctioneer shall have the right, but not the obligation, to settle such dispute, and the winning Bidder shall abide by the decision of the Auctioneer. The Auctioneer's decision shall be final with respect to such matter. All questions or disputes regarding High Bidder, lot identity, price or quantity must be resolved immediately upon the sale of said lot. No changes or adjustments will be made at any later time. The winning Bidder further agrees to indemnify HG&A and Consignors for all liabilities, damages, costs, and expenses including attorney's fees incurred in connection with any such dispute or in connection with any claim, litigation, controversy, dispute or proceeding arising from any purchase of a Property by the High Bidder or from any subsequent sale of such Property to any third party. All requests for refunds or adjustments by High Bidder should be submitted to HG&A. The record of the sale of a Property, kept by HG&A?s Auctioneer and Sale Clerk, will be taken as final in the event of any dispute. HG&A reserves the right to videotape all live auctions. 23.GOVERNING LAW: The validity, construction, enforcement, interpretation, and performance of these Terms and Conditions and Contract shall be governed by the laws of the State of Texas. This agreement and venue is proper in Kaufman County. Buyer hereby irrevocably submit to the personal jurisdiction of the appropriate court in Kaufman County, Texas in any action or proceeding arising out of or relating to the Claims and their enforcement, and agrees that any and all Claims must be adjudicated, heard, determined, and resolved in said court, and hereby irrevocably waive any objection on the ground that any such action or proceeding in said court has been brought in an inconvenient forum. HG&A?s failure to exercise or enforce any right or provision of these Terms & Conditions or any other legal rights, shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms & Conditions by HG&A must be made in writing and signed by an authorized representative of HG&A specifically referencing the provision(s) contained within the Terms & Conditions to be waived. 30. SEVERABILITY: If any portion of these Terms & Conditions is deemed unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. 24. LICENSING AND REGULATION: HG&A?s Auctioneer is regulated by the Texas Department of Licensing and Regulation; Auctioneer Hugo I. Martinez License#18181. Direct all unresolved complaints to the Texas Department of Licensing and Regulation, P.O. BOX 12157, Austin, TX 78711; 800-803-9202; www.tdlr.texas.gov. GRADING SCALE Condition Standards for Firearms (As defined by the National Rifle Association) FACTORY NEW- all original parts; 100% original finish; in perfect condition in every respect, inside and out. EXCELLENT- all original parts; over 80% original finish; sharp lettering, numerals and design on metal and wood; unmarred wood; fine bore. FINE- all original parts; over 30% original finish; sharp lettering, numerals and design on metal and wood; minor marks in wood, good bore. VERY GOOD- all original parts; none to 30% original finish; original metal surfaces smooth with all edges sharp; clear lettering, numerals and design on metal; wood slightly scratched or bruised; bore disregarded for collectors firearms. GOOD- some minor replacement parts; metal smoothly rusted or lightly pitted in places, cleaned or reblued; principal lettering, numerals and design on metal legible; wood refinished, scratched, bruised or minor cracks repaired; in good working order. FAIR- some major parts replaced; minor replacement parts may be required; metal rusted, may be lightly pitted all over, vigorously cleaned or reblued; rounded edges of metal and wood; principal lettering, numerals and design on metal partly obliterated; wood scratched, bruised, cracked or repaired where broken; in fair working order or can be easily repaired and placed in working order. POOR- major and minor parts replaced; major replacement parts required and extensive restoration needed; metal deeply pitted; principal lettering, numerals and design obliterated; wood badly scratched, bruised, cracked or broken; mechanically inoperative; generally undesirable as a collectors firearm. SHIPPING HG&A will ship anywhere within the 50 states in the United States. NO INTERNATIONAL SHIPPING. All shipping will be at the Buyer’s expense. A handling fee of $10 will be added to all invoices. HG&A will make all reasonably efforts to pack multiple items in one box, however it cannot be guaranteed. HG&A will ship all items via FEDEX. All FEDEX rates apply. All post 1898 handguns must be shipped via FEDEX second day with signature confirmation. All long guns (rifles and shotguns), Ammunition, and Accessories will be shipped via FEDEX ground, unless otherwise specified by the Buyer. Buyers will receive a second invoice for the shipping charges. Once paid, Buyers will receive a tracking number. Buyers must provide FFL information of their choosing to complete transfer of firearms. FFL of choice must be a valid, and unexpired license. HG&A will charge a $10 transfer fee for each firearm transferred. FFL of choice may charge transfer fee at the Buyer’s expense. Shipping insurance will be added to all firearms at the Buyer’s expense GRADING SCALE Condition Standards for Firearms (As defined by the National Rifle Association) FACTORY NEW- all original parts; 100% original finish; in perfect condition in every respect, inside and out. EXCELLENT- all original parts; over 80% original finish; sharp lettering, numerals and design on metal and wood; unmarred wood; fine bore. FINE- all original parts; over 30% original finish; sharp lettering, numerals and design on metal and wood; minor marks in wood, good bore. VERY GOOD- all original parts; none to 30% original finish; original metal surfaces smooth with all edges sharp; clear lettering, numerals and design on metal; wood slightly scratched or bruised; bore disregarded for collectors firearms. GOOD- some minor replacement parts; metal smoothly rusted or lightly pitted in places, cleaned or reblued; principal lettering, numerals and design on metal legible; wood refinished, scratched, bruised or minor cracks repaired; in good working order. FAIR- some major parts replaced; minor replacement parts may be required; metal rusted, may be lightly pitted all over, vigorously cleaned or reblued; rounded edges of metal and wood; principal lettering, numerals and design on metal partly obliterated; wood scratched, bruised, cracked or repaired where broken; in fair working order or can be easily repaired and placed in working order. POOR- major and minor parts replaced; major replacement parts required and extensive restoration needed; metal deeply pitted; principal lettering, numerals and design obliterated; wood badly scratched, bruised, cracked or broken; mechanically inoperative; generally undesirable as a collectors firearm.