Auction Terms & Conditions
ONLINE ONLY FIREARM AUCTION
PREVIEW DATES ARE SEPT 1,8,15,22 FROM 8-NOON
AUCTION CLOSES SEPT 27 STARTING AT 6PM CST.
WINNING BIDDERS WILL RECEIVE EMAIL WITH IN 48 HRS OF CLOSE OF AUCTION AND CREDITCARDS PROCESSED. ONCE YOU RECEIVE YOUR PAID INVOICE, CALL 217-497-2295 TO MAKE ARRRANGMENTS ON TRANSFER PAPERS , PICK UP AND/OR SHIPPING. TRANSFER PAPERS ARE $20.00 A GUN PAID TO THE GUN DOCTOR.
ALL BUYERS PREMIUM AND SALES TAX COLLECED ON PAID INVOICES THROUGH AUCTION PROCESS
HOLDING PERIOD 24HRS FOR LONG GUNS AND 72 HRS FOR HAND GUNS.
ANY QUESTIONS ABOUT GUNS LISTED CALL 217-286-3231.
OWNER/FFL DAN POTTER.
ON LINE AUCTION ONLY TERMS AND CONDITIONS
JON WITVOET AUCTIONEER
Please review this information carefully. This information creates certain legally binding contractual obligations.
In order to register and receive access to the online bidding/pre-bidding platform, a Bidder must accept and acknowledge these Terms and Conditions.
1. Any bid placed shall constitute a legally binding and enforceable offer to purchase the subject firearm. All bids therefore constitute an irrevocable offer to purchase and shall remain valid and enforceable until the Seller declares the property "Sold" and the auction has concluded.
2. Auctioneer reserves the right to reject any bid placed. Auctioneer agrees to timely advise any Bidder of a rejected bid.
3. Auctioneer reserves the right to reject any Bidder from access to the interactive online bidding platform.
4. The Winning Bidder covenants and agrees to purchase the subject firearm at the price of the Winning Bid, and upon the terms and conditions hereinafter provided.
5. Within 48 hours of the close of the auction event, the Winning Bidder for the firearm shall receive an e-mail from Jon Witvoet Auctioneer which will detail a date, a time, and a location for meeting with the holder of a Federal Firearms License, subject to further specific arrangements of the parties, including options for shipping and electronic payments to the holder of a Federal Firearms License appointed by the Winning Bidder, subject to verification of said appointees Federal Firearms License and credentials.
6. At said appointed date, time, and location, the Winning Bidder shall pay the full purchase price for the property by means of cash, certified check, or credit card.
7. Thereupon, the Winning Bidder shall present all information necessary to consummate the sale and shall thoroughly and truthfully complete any and all documents, forms or applications necessary to effectuate the transfer of the firearm through the Federal Firearms License holder(s), including but not necessarily limited to, ATF Form 4473.
8. The Winning Bidder agrees to comply with all Federal, State and Local Laws with respect to the purchase, possession and transfer of firearms.
9. Failure to appear at the appointed date, time, and location by the Winning Bidder, shall be considered an act of default by the Winning Bidder, and the Seller shall be entitled to pursue any and all legal and equitable remedies against the Winning Bidder which are available to Seller pursuant to the laws of the jurisdiction of the State of Illinois. In the event that Seller and/or Auctioneer file suit against Winning Bidder, Seller and/or Auctioneer shall be entitled to recover all reasonable attorneys' fees, costs and expenses incurred.
10. Time shall be of the essence as to all of Buyer's obligations.
11. In the event that any firearms sale is not consummated based on any misrepresentation, the High Bidder shall be liable to the Seller in the amount of $250.00 as liquidated damages and not as a penalty.
12. Notwithstanding any term to the contrary all sales and transfers shall be conducted in accordance with Federal, State and Local Laws.
13. By registering for the online bidding/pre-bidding platform, the Bidder acknowledges and understands that he or she is responsible for compliance with all local laws, and the Bidder further represents, covenants and warrants that:
a. The Bidder assumes all responsibility for the legality of a specific firearm for which a bid is placed.
b. The Bidder is at least twenty-one (21) years of age.
c. The Bidder is legally authorized to own and possess firearms, and if an Illinois resident, is the holder of a valid F.O.I.D. Card.
d. The Bidder is not prohibited by Federal, State, or Local Law from purchasing or possessing the specific firearm for which a bid is placed.
e. The Bidder is the actual transferee/buyer of the specific firearm for which a bid is placed.
f. The Bidder is not under indictment or information for any felony or any other crime which could subject Bidder to incarceration for a period of twelve months or more.
g. The Bidder has not been convicted of any felony or any other crime which could have subjected the incarceration for a period of twelve months or more.
h. The Bidder is not a fugitive from justice.
i. The Bidder is not an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, narcotic drug or any other controlled substance.
j. The Bidder has not been adjudicated mentally defective (which includes a determination by a court, board, commission or other lawful authority that the Bidder is a danger to himself or others or is incompetent to manage his own affairs).
k. The Bidder has not been committed to a mental institution.
l. The Bidder has not been discharged from the Armed Forces under dishonorable conditions.
m. The Bidder is not subject to a Court Order which refrains the Bidder from harassing, stalking, or threatening the Bidder's child or intimate partner or child of such partner.
n. The Bidder has not been convicted in any court of a misdemeanor crime of Domestic Violence.
o. The Bidder has never renounced his or her citizenship.
p. The Bidder is not an alien illegally in the United States.
14. Auctioneer reserves the right to resell any firearm not paid in full within seven (7) days of the auctions' closing date.
15. The Seller, Broker, Auctioneer and their representatives, attorneys, agents, and sub-agents, assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and material. The Seller, Broker, Auctioneer and their representatives, attorneys, agents and sub-agents, make no guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and material.
16. The Property is sold in its "AS IS" condition with all faults and limitations and no warranties expressed or implied, and Seller and Auctioneer specifically disclaim any and all implied warranties, including the warranty of fitness for a particular purpose. All Bidders are encouraged to inspect the Property prior to placing any bid and the Winning Bidder, as Buyer, acknowledges that he/she/it has had a reasonable opportunity to inspect and examine the condition of the Property and make inquiries of knowledgeable persons. All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information, judgment, and inspection of the Property and records.
17. By registering and bidding, the Buyer acknowledges they understand accept and agree to these Terms and Conditions.
18. By registering and bidding, the Buyer acknowledges that they have submitted themselves to the personal jurisdiction of the State of Illinois. Buyer acknowledges that any and all disputes shall be governed by Illinois Law, conflicts of laws provisions notwithstanding, and that any and all litigation associated with any purchase and sale hereunder shall be filed in the Fifth Judicial Circuit, Vermilion County, Danville, Illinois.
19. Seller and Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of their control. Bidder acknowledges that the online auction is conducted electronically and relies on hardware and software that may malfunction without warning.
20. The Registered Bidder acknowledges receipt and copy of these Terms and Conditions, and having read and understood the provisions set forth therein, accepts same and agrees to be bound thereby.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our 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, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, We have the reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, there is the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast).
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders.
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder by email that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Seller User Terms
Bidder User Terms