TERMS AND CONDITIONS

Wednesday, March 23 – Wednesday, April 6, 2022

CONDITIONS OF SALE: Dempsey Auction has contracted with the Seller, TO OFFER AT ABSOLUTE AUCTION assorted guns and ammunition described by the attached list.

All personal property is selling “AS IS, WHERE IS” free and clear from all liens and judgments. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use, purpose or merchantability, concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction, that he/she has inspected the Property, has had the opportunity to inspect the Property and has declined, or has not inspected the Property at all, and in any event, is not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. No claim will be considered for allowance, adjustment or rescission of any sale based upon the failure of the property to correspond to any particular standard of expectation.

We require all bidders register and obtain a bid number in order to participate in the bidding process. As far as possible, the auction will proceed in numerical sequence; however, it shall be at the Auctioneer's option to consolidate or break down lots or quantities offered and sell lots out of scheduled numerical sequence.

All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during or after the auction. In the event of a tie bid, the Auctioneer shall have the right to reopen the bidding to determine the highest bidder between the tie bidders only.

The Seller has the right, at their sole discretion, to add or withdraw all or any portion of the property prior to auction on Wednesday, March 23^rd @ 10:00 AM.

While quantities and descriptions are believed to be correct, neither the Auctioneer nor the Sellers make any guarantees and will not be held responsible for listings, or advertisement inaccuracies or discrepancies. Please inspect the merchandise, as no adjustment will be made for error in description or quantity estimate. Be sure you bid on the lots you wish to buy. We cannot correct any errors on your part. We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness, or suitability for intended use, please bid accordingly.

Upon the award of bid, title and all risk of loss, damage to or destruction of the purchased item, passes to the Purchaser, and the Auctioneer nor Seller shall have any liability whatsoever for any damages to or destruction of any such lots. Dempsey Auction Company is not responsible for Personal Property upon completion of the auction. Buyers are advised to acquire their purchases as soon as possible or obtain insurance for potential loss.

It shall be the prerogative of the Auctioneer, at his discretion, to have the right to call upon any bidder at any time during the auction sale to pay 25% bid deposit of their purchases during the auction sale. The decision of the Auctioneer shall be final in all matters pertaining to property removal and/or extent of contents of lots sold, etc.

Server & Software Technical Issues: In the event that there are technical difficulties related to the server, software, or any other online auction-related technologies, Dempsey Auction reserves the right to extend bidding, continue the bidding, or close the bidding.
NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR Dempsey AuctionSHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Dempsey Auction.

PAYMENT: All purchases MUST be paid for in full at sales conclusion on sale day. Purchases must be paid for in cash; debit/credit card (~3.5% convenience fee); certified check; approved personal or company check - Driver’s license will be required for ALL purchases paid by check or card. There will be a 15% BUYER’S PREMIUM charged on all sales.

SALES TAX: Sales tax of 7% will be paid on all purchases UNLESS purchaser holds valid sales tax exemption certificate and executes a sales tax exemption form. Sales price consists of bid price plus BUYER’S PREMIUM.

ONLINE PURCHASERS’ PAYMENT: After the auction, invoices will be settled to the credit card on file, and you will receive an email with your paid invoice for your information. The invoice will show in detail the high bid amount, the buyer’s premium, the sales tax, the 3.5% credit/debit card convenience fee, and the invoice total. If your invoice shows that there is a balance due, Dempsey Auction must receive the balance of the total purchase price no later than Noon on Thursday, April 7, 2022, (the "Final Payment Date"). Payments will be accepted by Visa, MasterCard, American Express, Discover, Cash, Bank Wire Transfer, or Certified Cashier's Check only. Purchaser shall be responsible for all wire transfer fees. IF DEMPSEY AUCTION HAS NOT RECEIVED PAYMENT FOR WINNING BIDS WITHIN 24 HOURS FROM THE CONCLUSION OF THE AUCTION, THE BIDDER AUTHORIZES DEMPSEY AUCTION TO CHARGE LIQUIDATED DAMAGES TO THE CREDIT CARD LEFT ON FILE DURING THE REGISTRATION PROCESS.

BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms of conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. Neither the Auctioneer nor the Seller makes any warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced and/or distributed information.

FIREARM TRANSFERS: All firearms will be transferred from Rome Gun and Pawn in Rome. Upon paying for your purchases, you will receive a PAID receipt and may retrieve your purchase from their location at 1200 Dean Ave Rome, GA 30161 beginning Thursday, April 7^th. All gun sales are subject to FFL transfer regulations. There is a $15/Buyer transfer fee, and this includes background check and transfer paperwork (1 firearm or 20 firearms, same price). If a firearm is to be shipped, the buyer is responsible for $10 handling fee for the first firearm and $5 on each additional firearm plus actual shipping cost, shipping/insurance fee paid to Rome Gun and Pawn. For ammunition, buyer is responsible for $10 handling fee per lot plus actual shipping cost (Pick up in store - No fee). If shipping Black powder firearms, buyer is responsible for $10 handling fee for the first firearm and $5 on each additional firearm plus actual shipping cost (Pick up in store - No fee).

PLEASE NOTE—IF YOU DO NOT PASS THE BACKGROUND CHECK, YOUR MONEY WILL NOT BE RETURNED, IT WILL BE FORFEITED. DO NOT BID ON A FIREARM UNLESS YOU CAN PASS THE BACKGROUND CHECK!! NO EXCEPTIONS!!

SHIPPING OF FIREARMS: All firearms must be shipped to an FFL (Federal firearm Licensee) of the buyer’s choosing, FFLs are fairly easy to find (most gun shops will do this for you), and most charge a nominal fee for this service. A shipping and handling fee will be assessed to the buyer. The receiving FFL will then perform the transfer of the firearm to the buyer including any required background checks, the buyer is responsible for any fees assessed by his/her FFL. An adult signature will be required for the receipt of any firearm that is shipped.

STAGGERED/DYNAMIC CLOSING: The closing time of a lot will be automatically extended an additional 5 minutes whenever a bid is placed within the last 5 minutes on the lot’s timer and will continue to do so until the timer runs out.

Firearm & Ammunition - Sportsman's Absolute Auction