FALL SPORTSMAN'S & HUNTING AUCTION

Terms & Conditions:

By bidding with our auction company, you are agreeing to the following. 

-ALL SALES ARE FINAL. Everything is sold "AS IS" with no guarantees, exchanges, returns, credit or refunds unless otherwise stated by the auctioneer.  It is the responsibility of the bidder to assure him or herself as to the condition of items prior to bidding. If Bontrager Real Estate & Auction Service agrees to provide a guarantee, all refunds, exchanges, and returns must be requested within 7 days of the customer taking possession of the merchandise. Requests after that point may be denied. Bontrager Real Estate & Auction Service reserves the right to refuse refund requests for any item that has left the auction site and may have been altered or damaged after it has left.  No chargebacks are allowed.
-CONDITION REPORTS given by the staff of Bontrager’s Auction Service are subjective, and while we strive to be honest, we will not be held responsible or liable for any errors in description. Buyer is responsible for examining items or obtaining adequate information about the item before bidding. Auction company does not take responsibility for the buyer's failure to examine or obtain information. Merchandise is not subject to adjustments once the item has been sold.
-QUANTITY: Your bid will be multiplied by the quantity of the lot you are bidding on. Bidders are expected to read descriptions and quantities carefully.  There are no refunds, returns, or exchanges for failure to read and understand descriptions and quantities. 
-LIABILITY: Bontrager Real Estate & Auction Service and its staff will not be held responsible or liable for any errors in absentee/left bids or phone bids, nor for the possible failure to execute any bids for any reason.
-PAYMENT: is due in full within the time limits posted in the auction. For online auctions, all payments will be made through the credit/debit card provided at registration. We accept Visa, MasterCard or Discover.  
-BUYER’S PREMIUM AND SALES TAX: All sales are subject to appropriate sales tax and buyer's premium.  Buyer's premium is 15% of the purchase price (unless otherwise posted) no matter what payment method is used (there is no discount for paying another way).  Buyer’s premium is subject to sales tax.  If you are sales tax exempt, the documentation must be complete and submitted, no later than one hour before the close of any auction.  If the correct forms are not provided or completed, sales tax will be charged.  Once it is charged, it will not be refunded, however any refunds that we do provide are subject to a fee for our time to process them.  It is best to submit sales tax-exempt documents as soon as possible so any issues can be resolved prior to the close of the auction.  It is the responsibility of the buyer, not the auction company, to ensure that sales tax paperwork is complete, up to date, and on file. Late payment will result in a $35 late fee. Buyers with declined cards can provide payment through a Square link we send them by email/text.  If Bontrager staff must key in the payment information, the buyer's premium will be 20% instead of 15%.  Credit/debit card payments will not be taken over the phone. 
-ADDITIONAL CHARGES are as listed unless otherwise stated within the auction:  - Purchased items abandoned at auction site- minimum $20 - $50 plus the cost of disposal. -Moving purchases to provide any alternate pick-up arrangement: $40 per hour, prorated based on size/volume/time, with a $5 minimum. Fees are applicable whether or not the customer provides prior notice that they cannot pick up on the scheduled date.   -Moving purchases that require shipping from an auction site to bring them to the auction center for packaging: $40 per hour, prorated based on volume/time.  -Judgment of "size" of the lot is at the discretion of the auction company.  -Lots must be picked up on the alternate date we give you, or within 7 days of the scheduled pick-up date or they will be resold to recoup our time. -Storage at our auction facility- $10 per week. -Packing materials needed at auction sites: 50 cents per box. -Packing/handling in preparation for shipping usually starts at $5 and is dependent on staff time, materials, and size/weight/fragility of the item.  In some cases, bidders will be charged less than $5 depending on the circumstance. 
-CONTRACT: By bidding with our auction you are entering into a contract with our terms and conditions. You are accepting responsibility to perform your duties as winning bidder, and agreeing that Bontrager Real Estate & Auction Service, its employees, officers, owners, representatives, agents, and consignors will not be held liable for any losses, claims, liabilities, judgments, expenses, fees, or other damages arising from the use of our services, website, auction property, and this site, including property damage, injuries, dispute with another bidder, or breach by bidder of this site. Any liability to a purchaser will not exceed the purchase price paid. Failure of the bidder to uphold the bidding agreement as described in the Auction Terms can result in suspension of bidding privileges at Bontrager Real Estate & Auction Service.
-EXCHANGES/RETURNS/REFUNDS:  Buying from an auction is different from buying at a retail store.   Bidders are buying “as-is” with no guarantees, exchanges, returns, credits, or refunds unless specifically stated by the auctioneer. All refunds, exchanges, credits, and returns must be requested within 7 days of the customer taking possession of the merchandise. Requests after that point may be denied. Bontrager Real Estate & Auction Service reserves the right to refuse refund requests for any item that has left the auction site and may have been altered or damaged after it has left. Any refunds issued will be with a check. We do not issue credit or credit/debit card returns. Successful bidders sign their receipts at the time of merchandise pick up indicating that all items are present and in satisfactory condition. 
-INTERNET SERVICES: Bontrager Real Estate & Auction Service will not be held responsible for any interruption in internet service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted, or error-free service or use of the Site. By bidding with our company you are accepting that this auction is conducted electronically and relies on hardware and software that may malfunction without warning.
-RIGHT TO SUSPEND PRIVILEGES: Bontrager Real Estate & Auction Service has the right to void any sale, suspend bidding, or re-sell any item/lots for any other reason.
-BID RETRACTION: Bids cannot be retracted once the auction begins. 
-MERCHANDISE PICK-UP: Buyers are responsible for making arrangements to pay for and pick up items within the time frames listed for the auction. Any variation resulting in late, early or alternate pick up or payment will result in additional fees for removal and storage (see "Additional Fees" section).  Fees are still applicable whether or not the customer provides prior notice that they will not be able to pick up on the scheduled date. There is no delivery service  provided by the auction company, unless otherwise stated in the auction. Bontrager’s Auction Service is not liable for any damage to property left on the auction premises after the auction, whether or not payment has been made. We reserve the right to impose a storage fee of $10 per month for property not picked up within stated deadlines. Merchandise left 1 month after the auction is subject to sale with the proceeds covering storage and auction fees due to the auction company. In some cases we may not provide any alternate pick up arrangements, and lots that are not picked up will be disposed of or donated.  Buyers are expected to load their own merchandise. Bontrager Auction Service will not be responsible for damage to vehicles or merchandise if buyers choose to have them load instead of doing it themselves.
-SHIPPING: Buyer pays all shipping fees, including any tax or duty associated with shipping outside the USA. -Insurance and signature confirmation are charged on every shipment. -The auction company does not automatically ship every lot. Each lot has a “Shipping Available” or “No Shipping Available” icon. -Buyers who deem shipping too expensive  then abandon their purchases are still responsible for payment. -In the event that Bontrager Auction agrees to ship an item described in the auction with “no shipping”, Bontrager Auction will not be responsible for damages from any part of the packing or shipping process, nor will Bontrager Auction submit an insurance claim or refund on behalf of the buyer.  Handling charges are dependent on the size/weight/fragility of the package unless otherwise stated. In some auctions, buyers will be responsible for paying to transport the item from the auction site to the auction house for shipping. Buyers who live outside NY state or more than 3 hours from Batavia, NY, and DO NOT want shipping for shippable items, are responsible for notifying the auction company within 18 hours of the close of the auction that they DO NOT want shipping; otherwise, it will be assumed that the items are to be shipped. 
--BIDDERS FORFEIT THEIR BIDS IF THEY HAVE NOT PAID AND/OR PICKED UP WITHIN TWO WEEKS OF THE CLOSE OF THE AUCTION.  NO REFUNDS WILL BE GIVEN. 
-In the event of legal proceedings arising from this contract or the auction in connection therewith, the buyer consents to be subject to the personal jurisdiction of the courts of the State of New York, Genesee County.
-Failure to read or understand the terms and conditions of the auction does not exempt the bidder from following them. 


FIREARM PURCHASE REQUIREMENTS:
-LOCAL FIREARMS PURCHASERS
MUST PASS A NYS BACKGROUND CHECK, WHICH WILL TAKE PLACE DURING THE SCHEDULED PICK UP TIMES BY THE AUCTION STAFF AT A COST OF $9.00. 
- A DRIVER'S LICENSE WITH PHOTO ID AND CURRENT ADDRESS IS REQURED (LONG GUNS & HAND GUNS), PLUS A PISTOL PERMIT (HAND GUNS).  PURCHASERS OF SEMI-AUTOMATIC RIFLES MUST PROVIDE A DRIVER'S LICENSE AND PISTOL PERMIT WITH SEMI-AUTOMATIC CERTIFICATION (WHICH CAN BE OBTAINED AT YOUR COUNTY CLERK'S OFFICE).  
-PURCHASERS MUST PROVE THEY ARE 21 YEARS OR OLDER TO PURCHASE HANDGUNS AND 18 YEARS OR OLDER TO PURCHASE LONG GUNS. 
-SOCIAL SECURITY NUMBER IS REQUIRED FOR NYS BACKGROUND CHECKS. 

-OUT OF STATE BIDDERS 
MUST HAVE FIREARMS AND AMMO SHIPPED TO THE FEDERAL FIREARMS DEALER OF THEIR CHOICE, WHERE THEY WILL COMPLETE A FEDERAL BACKGROUND CHECK. (CURIOS & RELICS LICENSE IS NOT SUFFICIENT FOR THIS REQUIREMENT.)
-REGARDLESS OF THE LAWS WHERE YOU RESIDE, WE WILL ONLY SHIP AMMO TO A FEDERAL FIREARMS LICENSEE.  
-FFL LICENSES CAN BE EMAILED TO [email protected] AFTER THE AUCTION CLOSES. 

-IT IS ILLEGAL TO PURCHASE A FIREARM FOR SOMEONE ELSE.  CREATE YOUR OWN BIDDING ACCOUNT AND DO NOT BID ON FIREARMS FOR ANOTHER PERSON. THERE IS A $5 FEE FOR OUR TIME TO TRANSFER LOTS FROM ONE PERSON'S RECEIPT TO ANOTHER PERSON'S RECEIPT, WITHOUT EXCEPTIONS.  EVERYONE SHOULD BE BIDDING IN THEIR OWN NAME.  THE RECIPIENT OF THE FIREARM MUST PASS THE BACKGROUND CHECK. 
-DEALERS MUST PRESENT A CURRENT, VALID COPY OF THEIR FEDERAL FIREARMS LICENSE IN ORDER TO AVOID SUBMITTING TO A BACKGROUND CHECK. IT IS YOUR RESPONSIBILITY TO PROVIDE THIS- DO NOT ASSUME WE HAVE IT ON FILE. 
-BUYERS MUST PICK UP THEIR OWN FIREARMS OR HAVE THEM SHIPPED IN THEIR NAME AND SUBMIT TO THEIR OWN BACKGROUND CHECK.  THIS CANNOT BE DONE FOR ANOTHER PERSON. 
-A BACKGROUND CHECK WITH A "DELAYED" STATUS WILL RESULT IN A DELAY IN RECEIVING THE ITEM UNTIL ALL STATE AND FEDERAL REQUIREMENTS HAVE BEEN MET.  (IN NYS THIS INCLUDES A 30 DAY WAIT.)
-A BACKGROUND CHECK WITH A 'DENIED" STATUS MEANS THAT THE SUCCESSFUL BIDDER WILL NOT BE ALLOWED TO TAKE POSSESSION OF THE FIREARM AT ANY TIME.  THE FIREARM WILL BE SOLD IN A FUTURE AUCTION, BUT THE DENIED CUSTOMER WILL NOT BE ALLOWED TO BID ON IT. THERE WILL BE NO REFUNDS OR EXCHANGES FOR THE TRANSACTION.  

FIREARMS ARE SOLD AS-IS.  THE LISTING IS BELIEVED TO BE ACCURATE BUT BIDDERS ARE ENCOURAGED TO REQUEST ADDITIONAL INFORMATION OR ARRANGE AN INSPECTION PRIOR TO BIDDING. IT IS THE RESPONSIBILITY OF THE BUYER TO SATISFY ANY QUESTIONS THEY MIGHT HAVE REGARDING CONDITION PRIOR TO BIDDING. 

AMMUNITION PURCHASE REQUIREMENTS
-LOCAL PICK UP OF AMMUNITION: NYS BACKGROUND CHECK IS REQUIRED FOR WHICH A DRIVER'S LICENSE IS NEEDED.  THE COST IS $2.50.  
-THIS AUCTION COMPANY WILL SHIP AMMUNITION ONLY TO FEDERAL FIREARMS LICENSEES NO MATTER WHAT THE REQUIREMENTS ARE IN YOUR LOCALITY. 
-AMMUNITION PURCHASER INFORMATION, REGARDLESS OF THEIR STATE OF RESIDENCE, IS PLACED IN A LOG BOOK THAT STATE AND FEDERAL AUTHORITIES HAVE ACCESS TO REVIEW. THE INFORMATION INCLUDES NAME, ADDRESS, DATE OF BIRTH, OCCUPATION AND AMMUNITION PURCHASED. 

BLACK POWDER PURCHASE REQUIREMENTS:
-BUYERS OF BLACK POWDER FIREARMS ARE REQUIRED TO PASS A NYS BACKGROUND CHECK BEFORE THE FIREARM CAN BE TRANSFERRED. 
-BLACK POWDER FIREARMS WILL ONLY BE SHIPPED TO A FEDERAL FIREARMS LICENSEE, REGARDLESS OF THE BUYER'S STATE OF RESIDENCE OR LOCALITY REQUIREMENTS.  
*BONTRAGER REAL ESTATE & AUCTION SERVICE WILL NO LONGER HOLD FIREARMS INDEFINITELY WHILE BUYERS FULFILL THE REQUIREMENTS TO PURCHASE.  THERE IS A 2 WEEK LIMIT ON ANY HOLDS OF ANY KIND FOR ANY REASON. AFTER 2 WEEKS, THE ITEM WILL BE RESOLD. REFUNDS WILL BE LIMITED TO THE PRICE REALIZED AT RESALE PLUS COMPENSATION FOR STAFF TIME TO RE-CATALOG THE ITEM. 

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