All sales final. ANY ITEMS NOT PICKED UP OR ARRANGED/ PAID FOR SHIPPING 10 DAYS AFTER THE SALE DATE IS CONSIDERED ABANDONED AND WILL BECOME THE POSSESSION OF PRAIRIEWIND LLC WITH NO REFUND OFFERED. 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!
TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on which items listed in our catalog, on the internet web site and sold by PRAIRIEWIND LLC. All bidders who participate by bidding in this auction via the internet agree to the terms and condition of sale and agree to be bound by same. Any notices, posted or oral during the sale, are also part of our condition of sale agreement. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions of sale. The purchaser's rights and our respective rights and obligations here under are governed by Oregon law. By bidding at our auction whether in person or by agent, sealed bid, telephone bid, via the internet or other means, the buyer or bidder agree that the contract created by these conditions of sale is made and performed in the County of Klamath, State of Oregon and further agrees that should any dispute arise from this contract the jurisdiction for contractual disputes is Klamath County. AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE BUYER INCLUDING BUT NOT LIMITED TO THE BUYER BIDDING ON THE WRONG LOT. 2. BUYER'S PREMIUM AND SALES TAX. All bid prices ?hammer prices? (means the price at which a lot is declared sold) will be subject to a 15% Buyers Premium. for CASH payments and 18% for CREDIT/DEBIT CARD. 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 We have been authorized by the consignor to retain as part of our remuneration, the buyer's premium payable by the purchaser. METHOD OF PAYMENT. Acceptable payment types: cash, debit, or credit card. Upon a successful firearms bid using the Oregon HI-Bid online system, PRAIRIEWIND, LLC reserves the right to IMMEDIATELY charge your credit card the full amount that is do for the winning bid items. If you wish to pay by other means, you must contact PRAIRIEWIND, LLC prior to the conclusion of the auction. It is the buyers responsibility to: 1. Contact PRAIRIEWIND, LLC and provide us with their preferred FFL dealer in which to ship the firearm(s) to AND 2. Pay for the firearm(s) in full, including the Buyers premium, sales tax (if applicable), $20 administration fee, and shipping & insurance costs 3. Have their preferred dealer forward us a copy of their FFL license. PRAIRIEWIND, LLC MUST RECEIVE ALL FFL INFORMATION AND PAYMENT BEFORE FIREARMS WILL BE SHIPPED. ONLY TYPE 1, 3, 7 & 10 LICENSES WILL BE ACCEPTED. Only after these steps will PRAIRIEWIND LLC arrange for shipping of the firearm(s). The buyer is responsible for all fees charged by the ship-to FFL dealer. 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 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 and fees. All items purchased by successful bidders must be paid for in full within 3 days. The purchaser is also responsible for all other charges due here under attorney's fees and incidental damages, etc. 5.
INTEREST AND DEFAULT. Payment is due within 3 days upon conclusion of the auction. A DAILY LATE PAYMENT FEE shall be charged on all lots not paid for in full beginning on the 4th day following completion of auction. The DAILY LATE PAYMENT FEE SHALL BE equal to 3% of the outstanding balance of each lot or $10 per lot, whichever is greater. Any lot not paid for by 3:00 PM on the fifth workday following the auction shall place the Buyer in breach of contract. PRAIRIEWIND LLC retains all its legal rights, including, but not limited to suing Buyer to compel specific performance, and/or declaring the Buyer in breach of contract retaining the deposit and barring the Buyer and Buyer?s agents from all future auctions. PRAIRIEWIND LLC, at its sole discretion may offer the goods for sale in a private sale or any future auction. Buyer shall be responsible for any deficiency, including late payment fees and storage fees. Buyer shall have no right to any excess funds such sale may generate. PRAIRIEWIND LLC reserves the right to require certain Buyers or certain lot purchasers to pay cash only. PRAIRIEWIND LLC reserves the right to change the fee structure, refuse to accept certain credit cards, and/or require cash payments in its sole discretion. 6. WITHDRAWAL. We reserve the right to withdraw any property prior to sale, or in the event of a mistake by the Auctioneer at the time of the sale or thereafter until the item is actually given to the purchaser, notwithstanding the fact that the purchaser tendered or actually paid for the item. In the event of an error Purchasers only right shall be the return of the actual amount of funds Purchaser has made to PRAIRIEWIND LLC for the subject items. 7. PROTESTS, DISPUTES AND THE AUCTIONEER. 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. 8. 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. 9. GUARANTEE. All property offered for sale is as is, where is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. PRAIRIEWIND LLC does not guarantee or make warranties on any lot sold. Descriptions in the catalog are opinion. They are written as an aid to potential bidders. We acknowledge that there may be errors in what is written. If you choose bid on any item and you are successful you own it. We strongly recommend you to personally view any item you bid on or have an acknowledged expert view the item. Use caution when bidding. PRAIRIEWIND LLC will NOT inspect items for a buyer and will not offer a binding opinion as to any fact whatsoever. PRAIRIEWIND LLC will have no obligation including no refunds and/or no returns are 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 PRAIRIEWIND LLC or any person purporting to act on behalf of PRAIRIEWIND LLC is authorized to make on our behalf or that of the consignor, any representation or warranty, oral or written, with respect to any lot or item for sale. 10. The Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and inure 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 an authorized officer of PRAIRIEWIND LLC. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable. 11. Consignors are not allowed to bid on their own merchandise nor 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. ABSENTEE BIDDING. As a service to anyone wishing to place bids in advance of the sale we may accept bids to bid on a potential bidders behalf 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 $200 or 15% of actual bid amount whichever is larger as a deposit in the amount of the total bids. (Deposits will be returned within ten (10) days after sale, if not successful). Additionally on-line bidding is available on the web; please check www.mooreauctioneering.com for directions and links. Buyers acknowledge by bidding absentee via mail, e-mail, telephone, through internet providers, or any other absentee means (not in person bidding) no fiduciary duty exists between the bidder and PRAIRIEWIND LLC. The buyer acknowledges PRAIRIEWIND LLC has a financial interest in all items offered for sale. The buyer acknowledges that there may be a conflict of interest in that PRAIRIEWIND LLC may have an interest in items beyond the seller’s commission and buyer?s premium. In fact PRAIRIEWIND LLC may have offered a guaranteed amount to a particular consignor or may actually have an ownership interest in an item offered for sale. Buyer acknowledges that PRAIRIEWIND, LLC has a fiduciary duty to sellers and NOT to the buyers. Any absentee bid is executed as if the bidder was actually present and bidding themselves. PRAIRIEWIND LLC will execute bids in a manner such that they will attempt to prevail at the lowest bid possible. We assume no responsibility for failure to execute telephone, sealed, or website/online bids for any reason whatsoever. Potential bidders are informed those services may charge an additional buyers premium above and beyond the premium charged by PRAIRIEWIND LLC. 14. FIREARMS LAWS. All post - 1898 firearms must be registered in compliance with Federal and Oregon State Law. Buyers of post - 1898 firearms must complete state and federal registrations forms at PRAIRIEWIND LLC Auction, 3122 Crosby Ave Klamath Falls Oregon 97603 unless otherwise specified. Federal approval may take to 6 months. In the event a delayed or denied response is received from the FBI, PRAIRIEWIND, LLC has the right but not the obligation to immediately cancel the sale, charge the Buyer a $250 service fee, and return the balance of the purchase price to Buyer. Dealers 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 a signed copy of the dealers Federal Firearms License (FFL). 15. PRAIRIEWIND LLC. makes no warranties or representations whatsoever and no employee or consultant of PRAIRIEWIND LLC has the authority to do otherwise, concerning the operation of firing condition, fitness for use, safety to store, or reliability, of any firearm, ammunition, or parts. Use of any firearm or ammunition purchased at PRAIRIEWIND, LLC is entirely at the users risk. PRAIRIEWIND LLC offers for sale the lots as used, seized or collector lots only. We strongly recommend that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. PRAIRIEWIND LLC expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot. 16. All delivery, shipping and storage charges must be paid by the successful bidder prior to delivery of the firearm. We will ship to the winning bidders FFL Dealers address only. 17. SHIPPING. Packing and handling of purchased lots is done by PRAIRIEWIND LLC, it is done at the entire risk of the purchaser. All items must have shipping insurance; this insurance is mandatory. 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, due to our high volume of absentee bids shipping can take up to two weeks after full payment is received. 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. 18. DISPUTES UNDER THIS CONTRACT. Buyer and PRAIRIEWIND LLC agree to mediate any dispute or claim arising between them resulting from the buyer participating in the auction or any resulting transaction. Furthermore the buyer and PRAIRIEWIND LLC agree should Mediation be necessary that Mediation fees if any will borne equally by the parties. Buyer and PRAIRIEWIND LLC are required under the terms and condition 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 that party will not be entitled to recover attorneys fees even if they would otherwise be allowed to that party in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Klamath County, State of Oregon, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties the buyer and PRAIRIEWIND LLC agree that any dispute, claim in law or equity resulting from the participation in the auction or any resulting transaction shall be settled utilizing neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Klamath County, State of Oregon. Any bidder or actual buyer agree the election of restricting any and all claims to Arbitration is a voluntary decision and evidenced by participation in the auction. The buyer states ?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 PRAIRIEWIND LLC 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. 19. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD 'AS IS'. PRAIRIEWIND LLC 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 PRAIRIEWIND LLC. 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 PRAIRIEWIND LLC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
