Personal Property Terms of Sale
1. All property is sold 'AS-IS Where-Is' Condition, and ALL SALES ARE FINAL. Property is open to thorough public inspection on inspection date. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Mickey Duckett Professional Auctioneers & Appraisers, LLC may attempt to describe the merchandise in advertising and on the Internet, but makes no representations. In no event shall Mickey Duckett Professional Auctioneers & Appraisers, LLC be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Some items may be listed as NIB/New in Box. Buyer should be aware that there will be several people that may handle each item & firearm during the preview. Every effort will be made to ensure that each item stays in the same condition that it was photographed in. However all property is sold AS-IS, and ALL SALES ARE FINAL.
2. Bidders who bid online and do not attend the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Mickey Duckett Professional Auctioneers & Appraisers, LLC shall endeavor to describe in detail each item and any pertinent information about it.Mickey Duckett Professional Auctioneers & Appraisers, LLC will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold AS IS and that they may not return any item they purchase. There will be no international bidding/shipping available.
3. Mickey Duckett Professional Auctioneers & Appraisers, LLC is providing Internet bidding as a service to Bidders. Bidder hereby acknowledges that occasional interruptions of Service may occur from time to time for reasons beyond of the reasonable control of the Online Bidding company, including, without limitation, problems with telecommunications lines or Internet service and that such interruptions of service shall in no event be a cause for any liability or claim against either party hereto, nor shall any such occasion render either party hereto in breach of this agreement or any auction scope of work. Bidder acknowledges that notwithstanding anything to the contrary contained in this agreement, neither party hereto shall have any liability to any other party hereto for any losses resulting from any failure or delay in performance if such failure or delay is caused in whole or in part by an act of God, civil disturbance, acts of terror, court order, labor dispute, fire, system failure or other cause beyond its reasonable control including, without limitation, failure, outages, delays or fluctuations in electrical power, telecommunications service or Internet service; or special punitive, indirect, incidental or consequential damages, including, without limitation, damages for lost revenues, lost profits or lost opportunities, even if such damages were foreseeable. Mickey Duckett Professional Auctioneers & Appraisers, LLC will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction ends. The Bidder agrees that any action, arbitration, award, claim, complaint, cost, damage, deficiency, demand, expense, indemnity, injury, judgment, liability, loss, obligation, penalty, and suit of every kind will be exclusively construed and governed in accordance with THE LAWS OF THE STATE OF MISSOURI, without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any claim or controversy between the party’s is CITY OF OZARK, CHRISTIAN COUNTY, STATE OF MISSOURI. Mickey Duckett Professional Auctioneers & Appraisers, LLC at their discretion, reserves the right to terminate, or postpone to a later date, any online auction.
4. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor a mistake.
5. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the Seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the Seller.
6. Titles, if applicable, will be disbursed on auction day only if payment is made in cash; otherwise they will be processed and mailed 14 business days after auction contingent upon confirmed payment.
7. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Auctioneer and Seller from any liability.
8. Purchaser agrees to hold harmless and indemnify respective directors, officers, members agents, and/or employees against action, arbitration, claim, cost damage, demand, injury, judgment, liability, loss, obligation, and/or suit of every kind, including attorney’s fees and costs of defense, caused by or related to, any act, breach, default, error, omission, performance, work, or wrongdoing attributable to the indemnifying Auctioneer or its agents, assigns, attorneys, broker, contractors, directors, employees, invitees, licensees, members, officers, representatives, or successors in interest, and which arises out of this contract or the related dealings.
9. If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged.
10. Information in brochures, catalogs and other advertisements are from sources believed to be reliable; however prospective purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies.