TERMS AND CONDITIONS FOR HAWKINSVILLE AUCTION GALLERY AND AFFILIATED BUSINESS

1. The following conditions of sale make up the entire terms and conditions on which items listed in our catalog, web page, computer printouts, labels, and addendum sheets, will be offered for sale or sold by Hawkinsville Auction Gallery (known hereafter as "H.A.G.") and any client for whom we act as an agent. Any notices, posted or oral during the sale, are also part of our condition of sale agreement. These are the conditions of the sale. Acceptance of a bidder card constitutes acceptance of the following terms and conditions. The purchasers rights and our respective rights and obligations hereunder are governed by Georgia law. By bidding at our auction whether in person or by agent, sealed bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Pulaski, State of Georgia. Unless otherwise stated as an “on site auction” in which auction terms and conditions apply to the county and state in which the sale is presented.
   
   2. All FINAL BIDS or “hammer prices” (means the price at which a lot is knocked down to the purchaser) will be subject to a buyer’s premium 13% payable by the purchaser. The buyer’s premium shall be reduced to 10% provided the payment is paid by cash or the equivalent of cash (cashier’s check, or approved personal check). Online bids will be subject to a buyer’s premium 15% payable by the purchaser. The buyer’s premium shall be reduced to 13% provided the payment is paid by cash or the equivalent of cash (cashier’s check, or approved personal check). If the account is settled by credit card, the buyer’s premium then shall be the standard 15% online, and 13% on location. This is not an aggregate percentage on the total items bid rather a per item percentage rate. The premium is added to your successful bid and the two together equal the total purchase price. Some items are exempt from Georgia sales tax and others may be subject to Georgia sales tax or local sales tax. The tax is computed on the total purchase price. To establish a tax free sale, a copy of a valid resellers permit or other instrument of information must be provided to our satisfaction establishing a sales tax exemption. Any purchaser claiming an exemption yet unable to provide proof will be required to pay the tax to us and seek a refund from the State of Georgia. Generally, all items shipped out of state are tax free sales. We have been authorized by the consignor to retain as part of our remuneration, the buyer’s premium payable by the purchaser.
   
   3. Auction sales are strictly for cash, cashier’s check or checks (with prior approval of the management), Master Card, or Visa. NOTE TO FOREIGN BUYERS: Method of payment will be U.S. currency or certified check drawn on an American bank.
   
   4. 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 hammer or at the announcement of "sold". This purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility thereof and if requested will sign a confirmation of the purchase. The purchaser further agrees to pay the purchase price, buyer’s premium and any applicable taxes. All items purchased by successful bidders must be paid for in full the day of sale. All property must be removed from our premises at the purchaser’s expense no later than 5:00 pm. five days following the date of sale unless otherwise agreed. If the property is not removed, it may be transferred to a public warehouse for the purchaser at the purchaser’s risk and expense. Each purchaser at this auction grants us a security in the property purchased. We may retain as collateral security for the purchaser’s obligations to us any of the purchaser’s property and all monies held or received by us. We may apply against such obligations monies held or received by us for the account of, or owing to, the purchaser. We retain all rights of a secured party under the Georgia Commercial Code. Whenever the purchaser pays only a part of the total price for one or more lots purchased, we may apply such payments, at our sole discretion, to the lot or lots we choose. Payment will not be deemed made in full until we have collected all amounts due in cash on good funds (by our definition). If the conditions of sale are not complied with, in addition to remedies available to us and the consignor by law, we hold the purchaser liable for the purchase price, 13% buyers premium, 15% if using online bidding, and applicable sales tax, we at our option may either (1) cancel the sale, retain as liquidated damages all payments made by the purchaser or (2) resell the property either publicly or privately, and in such an event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales and our commission at our standard rates. The purchaser is also responsible for all other charges due hereunder attorney’s fees and incidental damages, etc.
   
   5. We reserve the right to withdraw any property prior to or during the auction/ sale.
   
   6. We reserve 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. Any dispute after the sale our records will be deemed conclusive in all respects.
   
   7. If we are prevented by fire, theft, or any other reason from delivering any property to the purchaser, our 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. All property offered for sale is as is, where is. Hawkinsville Auction Gallery does not guarantee or make warranties on any lot sold. The bold headline description is the only written Hawkinsville Auction Gallery will guarantee as correct. Descriptions in the catalog/computer are opinion. They are written as an aid to potential bidders. We acknowledge that there may be errors in what is written beyond the bold headline description. We strongly recommend you personally view any item you bid on or have an acknowledged expert view the item. Statements starting with the word condition are opinions, not statement of fact or guarantees. If a dispute about a lot arises it is the buyers responsibility to provide a written statement by an acknowledged qualified expert within 30 days of the auction that the bold headline is in fact incorrect. If the experts statement is indeed correct Hawkinsville Auction Gallery will make a full refund upon return of merchandise. Providing the merchandise is returned in the same condition it was received. We must again reiterate the guaranteed statement is only on the bold headline description. Hawkinsville Auction Gallery will only honor this guarantee within 30 days of an Auction. Hawkinsville Auction Gallery will have no further obligation including no refunds or returns will be accepted if the above conditions are not met. 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, physical condition are qualified statements of opinion and not representations or warranties. No employee of Hawkinsville Auction Gallery is authorized to make on our behalf or that of the consignor, any representation or warranty, oral or written, with respect to any property. Auctioneer does not warrant authenticity of any material that is accompanied by a Certificate of Authenticity, or its equivalent.
   
   9. The Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and insure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.
   
   10. Some items in this auction may be subject to reserve (the confidential minimum price below which the lot will not be sold). If a lot is offered with a reserve, we may implement that reserve by bidding on behalf of the consignor. This bidding will not constitute opening bidding. If no opening bid is received we will pass the item. However once bidding is opened we will bid on behalf of the consignor to reach the reserve price. Nominal bids – the auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. If a lot fails to achieve a bid equal to or exceeding of the low estimate, the item may be passed and not sold and may or may not be re-offered until a later sale. If we have an interest in an offered lot and the proceeds there from other than our commission, we may bid therefore to protect such interest. Items which are not reserved are sold at the auctioneer’s discretion. HAWKINSVILLE AUCTION GALLERY is NOT an ABSOLUTE Auction, (unless clearly advertised otherwise), is ALWAYS AN AUCTION WITH RESERVE, therefore any business conducted by H.A.G. OF ANY KIND has the right to a reserve.
   
   11. Consignors are not allowed to bid on their own merchandise or have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor, no exceptions.
   
   12. As a service to anyone wishing to place bids in advance of the sale we may accept bids at our own discretion by telephone or sealed bid using the forms we provide. A Sealed Bid must be received and credit approved in advance of sale date. It is the Bidders responsibility to establish credit before bidding, or we will accept a 20% deposit in the amount of the total bids. (Deposits will be returned within ten (10) days after sale, if not successful). A Sealed Bid form is available upon request. Bids may also be faxed to (478) 892-8777. Additionally on-line bidding is occasionally available on our website. Bids may be received by email at hawkauction@gmail.com, any and all bids must be confirmed to be received no later than 5:00pm one day in advance of the sale date. It is the bidder's responsibility to receive confirmation that your bid was acknowledged and received. We assume no responsibility for failure to execute telephone or sealed bids for any reason whatsoever.
   
   13. Telephone bidders must contact Hawkinsville Auction Gallery at (478) 783-4343 by 5 pm. the day preceding the sale. Bids may be faxed to (478) 892-8777. Any bids received later than this date risk being not executed.
   
   14. All post - 1898 firearms must be registered in compliance with Federal and Georgia State Law. Buyers of post - 1898 firearms must complete state and federal registrations forms at Hawkinsville Auction Gallery, Po Box 89, 3948 Industrial Blvd, Hawkinsville, Ga. If applicable certain firearms purchased may require a 3 day waiting period, or approval of the Federal Bureau of Investigation. Dealers and out-of-state buyers must have in their possession on the day of sale, signed copies of their Federal Firearms License in order to accept same-day delivery of modern weapons. Buyers who act as agents for FFL dealers must have a letter of agency as well as an original signed copy of the dealers Federal Firearms License (FFL).
   
   15. Note: if state or local law requires a permit or license to purchase, possess, or receive firearms, a copy of the transferee's (buyer) permit or license must accompany the application. Hawkinsville Auction Gallery reserves the right to request any documentation needed for our company records, or any other records in compliance with all Local, State and Federal Laws. Hawkinsville Auction Gallery reserves the right to deny any purchase to any buyer with or without due cause.
   
   16. Concerning firearms, weaponry, or any items that could be considered as such... Hawkinsville Auction Gallery makes no warranties or representations whatsoever and no employee or consultant of Hawkinsville Auction Gallery has the authority to do otherwise, concerning merchandise purchased, or concerning the operation of firing condition, working condition, fitness for use, safety to store, or reliability, of any firearm, ammunition, or parts. Use of any firearm or ammunition purchased at Hawkinsville Auction Gallery is entirely at the user’s risk. Hawkinsville Auction Gallery offers for sale the lots as “collector” lots only. We strongly recommend that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. Hawkinsville Auction Gallery expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot.

   17. Hawkinsville Auction Gallery makes no warranties or representations whatsoever and no employee or consultant of Hawkinsville Auction Gallery has the authority to do otherwise, concerning merchandise purchased, or concerning the operation of, condition, working condition, fitness for use, safety to store, or reliability, of any item purchased. Use of any item purchased at Hawkinsville Auction Gallery is entirely at the user’s risk. Hawkinsville Auction Gallery offers for sale the lots as “collector” lots only. We strongly recommend that all chatells purchased at auction be examined by the buyer or competent agent of the buyer . Hawkinsville Auction Gallery expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot, or chattel sold.
   
   
    

   18. All delivery, shipping and storage charges must be paid by the successful bidder prior to delivery of the MERCHANDISE or firearm.
   
   19. If packing and handling of purchased lots is done by Hawkinsville Auction Gallery, it is done at the entire risk of the purchaser. All items must have shipping insurance; this insurance is mandatory. HAG will not charge any labor charges for shipping. We are not liable for any acts of omission in packaging or shipping. Purchased lots handled by outside carriers or packers including those we may have recommended such carriers or packers may carry their own insurance and any claims for losses or damages should be addressed directly to them. We will arrange for packing and shipping at our earliest possible convenience. We will attempt to ship as soon as possible, however, delays of seven days after full payment is received by us is typical. In the case of crating or any exceptional packaging, the buyer will be charged our cost from outside agents. Buyer pays shipping, packing materials, and insurance charges. HAG will not charge for labor.
   
   20. Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD “AS IS”. HAWKISVILLE AUCTION GALLERY NOR 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 BY HAWKINSVILLE AUCTION GALLERY. 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 HAWKINSVILLE AUCTION GALLERY BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS CONTRACT RESERVES THE RIGHT TO HAVE ERRORS AND OMMISSIONS AND FOR SUCH MAY NOT BE HELD LIABLE FOR INFORMATION WITH ERROR OR OMISSSION OBTAINED WITHIN.