Terms of Sale for Braxtons Auctioneering GALN 2188 Office #770-466-0748, 303 Main Street, Loganville, GA 30052. All bidders are responsible for reading and understanding these Terms of Sale, as well as any supplemental notices. 1.General - Each lot in this catalogue is offered for sale subject to the terms set out below, as changed or supplemented by provisions a) written in other places within these Terms of Sale b) in written supplements to this Catalogue or other materials prepared by us and c) as stated by the auctioneer or posted in writing at the auction, prior to a bid being accepted for a lot. No other communications by any employee of Braxtons Auctioneering is intended to be binding, and such communications are made for informational purposes only. By bidding at the auction the buyer and all bidders agree to be bound by these terms or those changed and supplemented, whether bidding in person, through a representative, by phone, by internet or absentee bid. Upon the announcement by the auctioneer, the successful bidder becomes the buyer and is immediately responsible for the amount of the successful bid, the buyer's premium, applicable taxes, all shipping and handling charges and any other charges provided for in the Terms of Sale. 2. Buyer's Premium, Purchase Price, Taxes, Shipping & Handling and Billing Buyer's Premium/Purchase Price - The buyer's premium will be in the amount of 18% of the successful high bid regardless of payment method. All bidding at auction and all purchases will be in U.S. Dollars. Taxes: Applicable taxes shall include Georgia sales tax, use tax, excise tax, and other taxes or levies. Only valid resale certificates are accepted as proof of exemption from Georgia sales tax by U.S. dealers. No Georgia sales tax is charged for purchases shipped out of state. Billing: All successful bidders will be sent invoices by e-mail within a few days after the auction. Upon the fall of the auctioneer's hammer, the successful bidder becomes the buyer and owner of the property and is responsible for the property, the amount of the successful bid, the buyer's premium, applicable taxes, and other charges provided for in the Terms of Sale in U.S. Dollars, payable immediately. 3. Methods of Payment & Fees Acceptable Payments - Cash(In House Only), Check (With Certified Bank Letter of Guarantee for New Clients), Money Orders, Wire Transfers and PayPal; all credit card payments MUST be made via APN. All payments are due immediately upon receipt of invoice. We reserve the right to hold all goods paid for by check until payment has cleared. Payments not received within 10 (ten) days from the date of the mailed invoice will result in a NPB on the Buyer's account. If payment is not received within twenty (20) days from the date of the mailed invoice Braxton's Auctioneering reserves the right to impose from the date of sale a late charge of 10% a month of the total purchase price and deny all future credit. 4. Condition of Item - All items are sold "as is, where is". Unless otherwise noted, items are in good as found condition with normal wear reflecting the age of the piece. Please feel free to contact any of our representative for any details about specific lots. We will do our best with the knowledge at our fingertips. Onsite inspectors are always available to answer any questions via phone on preview day. Please call 770-466-0748 to speak to an evaluator. 5. The auctioneer - Retains sole and exclusive power, discretion, and authority to regulate the bidding and its increments. 6. Internet Bids - The user of proxibid indemnifies and holds Braxtons Auctioneering and/or its consignors harmless against any claim arising out of or resulting from the use of the Live Auction bidding platform sites, including all losses, damages, liabilities, and all fees (including attorney's fees), costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, Braxtons Auctioneering and/or its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use, this site. 7. Auctioneer's Determination Final - A lot will be sold to the highest bidder as determined in the sole and exclusive judgment of the auctioneer. The auctioneer will also have the sole and exclusive power and authority to; a) resolve any disputes between bidders, b) determine whether to pass or re-offer a lot, c) reject or challenge any bid or advance in the bidding, d) exclude any bidder from the premises and e) otherwise regulate the bidders, the bidding and its increments. 8. Estimates - The estimates, where provided, in this catalogue are our opinion of the price that a willing buyer would pay for the property at auction. These estimates are opinion, based, where possible, on prices paid for comparable items when sold in the past. They are neither a representation nor a prediction of the actual selling price that will be realized at auction; which may be substantially different from these estimates. We shall not be liable in any way for such a difference. 9. Withdrawal of Property - Braxtons Auctioneering reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal. 10. Rescission by the Auction House - In the event Braxtons auctioneering receives notice of an adverse claim with respect to purchased property, Braxtons Auctioneering shall have the right (but not the obligation), in its sole and absolute discretion, to rescind the sale to the buyer, upon written notice to the buyer. Upon such notice, the buyer will promptly return the purchased property to Braxtons Auctioneering premises in the same condition as when purchased. Braxtons Auctioneering will then promptly refund the purchase price, including the buyer's premium and applicable taxes paid. Buyer will have no further recourse against Braxtons Auctioneering or the consignor. Braxtons Auctioneering and the consignor shall not be liable for any damages of any nature suffered by the buyer. 11. Payment, Collection, and Shipping Responsibilities of Buyer - The buyers obligations are as follows: upon the fall of the auctioneer's hammer, title to the property immediately transfers to the successful bidder who, in turn, becomes the buyer of the property. The buyer assumes full risk and responsibility for the purchased property, including all costs and expenses of handling, shipping, insurance, taxes, export, and otherwise, and is liable for the full purchase price, buyer's premium, any applicable taxes and all other associated expenses. Collection of property and storage charges: The buyer will pay for the purchased property immediately and remove it from the premises of Braxtons Auctioneering. If the purchased property is not removed within thirty (30) days of the sale, the buyer will thereafter be assessed a $20 per lot storage fee, per day. Braxtons Auctioneering may, at its discretion, remove the purchased property to a public storage at the buyer's risk and expense. All associated charges will be added to the total invoice and must be paid in full before the property will be released. Shipping and handling: The buyer is responsible for the total cost of shipping and handling for the shipment of all purchased property. Items will be shipped via UPS or USPS dependent upon the property purchased, and is at the sole discretion of the shipper. All property shipped will be insured at the expense of the buyer. If the property is to be sent out of the USA all additional costs, international customs, duties, and other tariffs are the sole responsibility of the buyer. Braxtons Auctioneering will declare the selling price as the value in all cases. 12. Buyer Default Remedies- If any of the Terms of Sale are not fully complied with by the buyer, the buyer will be in default without need of notice by Braxtons Auctioneering. The buyer shall be liable to Braxtons Auctioneering and the consignor for the total purchase price, including all premiums, charges, and expenses specified in the Terms of Sale. Interest shall accrue at the rate of 18% per annum commencing with the date of the auction. In addition to other remedies available to Braxtons Auctioneering by law may, at its option, a) cancel the sale of the lot(s) on which the buyer defaulted and of any other lots sold to the defaulting buyer at the same or any other auction(s) and retain as liquidated damages all payments made by the buyer, b) resell the purchased property, whether at public auction or private sale, or c) pursue any combination of a) and b) above. In event of default, the buyer will be responsible to Braxtons Auctioneering and the consignor for any deficiency, any and all costs and expenses, including reasonable attorneys' fees, collection fees and expenses, late charges, and other damages 13. Governing Law and Forum for Disputes - The laws of Georgia shall govern the auctions of Braxtons Auctioneering. Any disputes that may arise in connection with the auction and/or any auction purchase, and all of the terms and conditions set forth herein above, shall be governed by and construed in accordance with Georgia law. Any one who participates in the auction and/or makes auction purchases agrees to submit to the jurisdiction of the courts of the State of Georgia with respect to any dispute arising in connection with the auction and/or any auction purchases. In the event that Braxtons Auctioneering needs to bring an action to enforce the terms and conditions herein and/or to collect any sum due and owing to it Braxtons Auctioneering shall be entitled in addition to collect its reasonable attorney's fees, collection agency fees, and cost of suit. 14. Limitations of Liability - Braxtons Auctioneering acts only as the agent for the consignor and in no event will be liable for any breach or default by the consignor. 15. Severability and Waiver - If any provision of portion of these Terms of Sale shall be deemed unlawful, void, or unenforceable under applicable law, that provision or portion shall be stricken and severed from the remaining provisions, which shall remain in full force and effect. Failure to enforce any of the provisions in these Terms of Sale shall not be deemed a waiver of the right to enforce any other provisions of these Terms of Sale. 16. No Assignment - Unless Braxtons Auctioneering consents in writing, buyers may not assign their rights or any of their obligations related to an auction or other sale by Braxtons Auctioneering. 17. FIREARMS - When purchasing firearms, it is the buyer's responsibility to provide Braxtons auctioneering with a current Federal Firearms License or Curios & Relics License. We will NOT ship firearms unless we have a current FFL or Curios & Relics or carring permit on file. Do NOT bid on firearm item if you can not meet the current FFL licensing law. All shipments of firearms that do not fall under the Curio and Relics must be shipped to a FFL receiver. Shipping cost and all packaging cost are the responsible fo the buyer. Please know the rough estimate to ship a gun. Braxton's is located in Atlanta Ga area. Shipping Guns to the West coast gets very expensive and ranging between $30.00 to $70.00 for each gun. 18. OVERSIZED ITEM SHIPPING POLICY: All shipping and packing arrangements for oversized items are the responsibility of the buyer. PLEASE DO NOT BID on an oversized item if you do not have the means to ship. All buyers are strongly encouraged to get quotes from shipping companies and make arrangements prior to bidding. Oversized shipping can be very expensive, so please take that into account when bidding. Items must be picked up no later than 10 days after the auction. No refunds will be issued for failure to arrange shipping or misjudgment of shipping costs. Thanks for your interest and please bid accordingly. All shipping costs for small items will be added to your invoice after the auction. Shipping costs include insurance, which is required. In Town Buyers are welcome to pick up their items at our store location to avoid shipping costs. All lots are sent FedEx Ground, USPS priority mail depending on the size and value of the package and usually ships within 2-7 business days from receipt of payment. NO International shipping will be allowed for any firearm. All firearms must be sent to your local FFL receiver unless it is a curio & relic. Please contact us within 1 days of receiving package if there are any problems. No refunds will be issued after 30 days from sale date.