Augie & Bear Terms and Conditions

These Terms and Conditions constitute a CONTRACT between you, the Bidder, and us, the Auctioneer. Do not submit any bids unless you understand and agree to ALL of the terms of this contract. All bidders must be 18 years of age to bid. Firearm bidders must be 21 years of age and ID will be required.

As the highest bidder, you are the buyer and are bound by the terms and conditions of this agreement and sale. The BUYER assumes full responsibility for any item purchased AT THE TIME IT IS SOLD, including the security of the item(s)

ALL SALES ARE FINAL. ALL ITEMS ARE SOLD 'AS-IS, WHERE-IS' Augie & Bear Estate Sales nor its consignor(s) makes any express or implied warranty or representation of any kind of nature with respect to merchantability, fitness for purpose, correctness of the catalog, or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature, or historical significance of any lot sold. Failure to attend a scheduled preview (if provided) constitutes forfeiture of the bidder's rights to dispute purchase.

The Auctioneer is acting solely as an agent for the Seller. The Auctioneer shall assume no liability for representations made, or information provided by the Seller. The Seller & Auctioneer reserve the right to accept or reject any or all bids or to remove any or all items from the auction at any time. This is a Public Auction and as such, all qualified bidders may bid, including Augie & Bear owners, family members, and employees. The Auctioneer may bid on behalf of the Seller up to the reserve, whether or not the reserve is published.

Bid cards and bidder registration numbers are issued solely to individuals and are not transferable. Others are not authorized to use your bidder registration. Should you allow others to bid under your number, you will be fully responsible for all bids they make as though you made them yourself.

Buyers Premium

All Property offered at the auction is subject to a Buyer’s Premium in an amount equal to fifteen percent (15%) of the Hammer Price, which will be paid by the buyer to the auctioneer for the auctioneer's own account. The Buyer’s Premium is earned by the auctioneer with the fall of the hammer and is non-refundable. The Buyer's Premium will be added to the Hammer Price to determine the final contract price for tax purposes.

Online Auction

Online Bidder Account - Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing the required information.

Posted Times - All times are based on the local time zone at the auction site unless stated otherwise. Posted closing times and time displays are approximate. The auctioneer reserves the right to close early or extend the Auction at Auctioneer’s sole and absolute discretion.

Online auctions use a “Dynamic” ending process. If a bid is received in the last few minutes before the scheduled closing of an item, the timer on that item will extend and will continue to extend each time a bid is received. Once the bidding stops and the timer runs out, that item will be eligible to close. In some cases, items are “linked”, keeping one item open for bidding when a different item in the auction has been extended due to active bidding.

It is the Bidder's responsibility to determine the condition, age, genuineness, value, or any other determinative factor of all items. The auctioneer may attempt to describe the merchandise in advertising, on the internet, and at the auction but makes no representations. In no event shall the Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. The auctioneer does not guarantee any appraisals, gradings, or certifications. If you have any questions about the merchandise, ASK YOUR QUESTION BEFORE PLACING BIDS. Bidders shall be the sole judges of value. It is Bidder's responsibility to determine if any item is legal where they live.

By placing a bid, Bidder acknowledges that they have inspected the items to their satisfaction or chooses to not examine them at their sole risk. Even though an item may display as "sold" on the internet, no sales are final until they are certified by the Auctioneer and the bidder receives an invoice. The auctioneer reserves the right to cancel any or all sales and resell the items in whatever manner he or she chooses.

Neither the Auctioneer nor the Seller shall be responsible for any failure of any electronic or internet systems to accept or register a bid or that the Online Auction Platform or any related website or technology will be uninterrupted, error-free, or virus free. Registered bidders must create a password that prevents others from using their account. Bidders are responsible for ALL bids placed under their name and password. This is a Public Auction and as such, all qualified bidders may bid.

Responsibility for Online Bids

YOU are responsible for all bids transmitted from YOUR computer or device, or from YOUR bidder account. If a winning bid is sent from YOUR computer or device, or from YOUR bidder account, YOU will be the Buyer.

Bid Increments

Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.

Withdrawal of Property by Auctioneer

Unless specific Property is, in express written terms, put up at Absolute Auction, the Auctioneer has the right to withdraw any property from the Auction prior to the “Fall of the Hammer”.

Autos

Automobiles are sold at Auction in “As Is” condition only. The Seller and Auctioneer make every effort to provide reliable information about the vehicle, however, we assume no responsibility for the condition or functionality. The winning bidder assumes all responsibility for previewing vehicle(s) prior to bidding at the pre-established viewing time. The winning bidder is responsible for removal - transport - towing and all related expenses involved in transporting vehicle (s).

Firearms

The Auctioneer ( Augie & Bear) will comply with all laws federal, state, and local. Though we may sell firearms that are legal in our jurisdiction, they may not be legal in the bidder’s jurisdiction. It is the sole responsibility and obligation of the buyer to ensure the legality of a firearm in their jurisdiction. A thirty percent (30%) restocking fee will apply if a firearm purchased cannot be possessed in the buyer’s jurisdiction and must be returned to our inventory.

Buyers will need to pick up firearms at the selected firearm FFL-licensed location of our choice. We make every effort to choose a pickup location close to the auction location. Buyers will be subject to a mandatory CBI background check for each auction. The buyer will pay the cost of the background check and transaction fee to the FFL location processing the transaction as required by CBI. Valid identification will be required.

Contact the auction to determine if your identification is acceptable. Purchases must be paid in full prior to a background check being conducted. If a buyer fails a background check, the Auctioneer shall retain the firearms and refund the purchase price less a thirty-percent (30%) restocking fee.

Firearms will be sold ONLY to the registered bidder. They will not be sold to another person, nor will a name be changed on any forms including bidder registrations or invoices.

If you attempt to change a transaction to a different person, that is considered a straw purchase.

If you know you will not pass a background check, do not bid.

Straw purchases are absolutely forbidden. If the Auctioneer has any reason to suspect that a firearm will be given/sold/transferred illegally to a third party, he must, by law, refuse the sale and report his suspicions to the proper authorities. Straw purchases are a federal offense.

Used firearms are sold untested. We do not attempt to fire or test any weapon that we sell. We highly recommend that you have all used firearms inspected by a qualified professional before operating.

Payment

Payment is due at the fall of the hammer and before pick-up. If you wish to use a different card than on file you must contact Augie & Bear immediately or your card will be charged for the item you “won” in the auction. Invoices will be emailed and payment will be processed following the close of the auction.

Augie & Bear accepts Mastercard, Visa, American Express, and Discover credit cards as well as Debit cards. Cashier or certified checks are also accepted. For purchases or lots over $2500, we also accept wire transfers. The transfer must be completed before pickup. NO PERSONAL CHECKS ACCEPTED.

By participating in this auction, buyers expressly agree that they will not “chargeback” or “deny” a credit card purchase.

Auto purchases can be paid on credit up to $2500. Above $2500 wire transfer or certified funds will be required.

Gun purchases will need to be paid in full and a background check completed by a contracted FFL licensed professional we have selected. Once the background check is completed, firearm(s) will be released to you only in person at the FFL dealer address.

NO SHIPPING AVAILABLE for FIREARMS OR AUTOS

Pick-up and Removal

YOU are responsible for the pick-up and removal of Lot(s) purchased by YOU. Pick-up location and removal dates and times will be as posted on Auctioneer's website or otherwise announced by Auctioneer. Unless otherwise agreed, YOU are solely responsible for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU. Disassembly and removal must be done in a professional and workmanlike manner, and YOU will indemnify and hold harmless both Auctioneer and Seller(s) against all damage caused by YOU or YOUR employees, agents, representatives, or independent contractors in connection with the disassembly or removal of any Lot(s). Any and all damage, including, without being limited to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors, will be repaired by YOU, or at YOUR expense, to the satisfaction of the Auctioneer and Seller(s).

Failure to Pick-up

Failure to pick up your items or make shipping arrangements within three (3) business days of auction closing will result in storage fees being assessed for each week your item(s) remain in our building. Storage fees are $100-$150 (varies by the size of items) per week or 25% of your auction invoice whichever is greater. Storage fees must be paid in full to receive your items.

Shipping and Handling

Shipping and Handling may be available on select items. If the option is available it will be noted on the lot.

We ship USPS in “If it fits it ships” boxes only.
There is a $5.00 packing fee added to each lot to be shipped as well as the shipping cost from USPS per box.
ALL SHIPPING COSTS are the RESPONSIBILITY of the BUYER and will be calculated after the close of the auction upon YOUR request.
We make every effort to pack and ship carefully, however, breakage can occur and all purchases are final.
Items are typically packed and shipped three business days after in-person pick-up is completed.

PLEASE CONSIDER SHIPPING CAREFULLY Many times shipping is greater than the cost of your item.

Calculation of Sales Tax and disputes

Unless otherwise directed by the appropriate taxing authority, sales tax will be calculated, and collected, based on the Contract Price, which includes the Hammer Price plus the Buyer’s Premium. If YOU believe that YOUR purchase is subject to a sales tax exemption that is not recognized by Auctioneer, or YOU believe that the Buyer’s Premium portion of the Contract Price should not be subject to sales tax, or you otherwise dispute the sales tax, YOU should address YOUR dispute to the appropriate taxing authority and seek a refund from the appropriate taxing authority to the extent that the same may be available to YOU.

Sales Tax is calculated based on item pick-up location.
Sales Tax in Colorado varies based on city and county
A valid Colorado Sales Tax license must be submitted to Augie & Bear and held on file for tax exemption.

Claims

After a Lot has been removed from the Auction Site by YOU, or on YOUR behalf, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation.

Indemnification

YOU agree to indemnify and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial

These Bidder Terms and Conditions will be governed by and construed in accordance with the laws of the State of Colorado, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for El Paso County, Colorado, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. YOU irrevocably and unconditionally agree that any claim, suit, or cause of action relating to the Auction, these Bidder Terms and Conditions, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for El Paso County Colorado; consent to the jurisdiction of such courts for any such claim, suit or cause of action; waive any objection that such party may have to the laying of the venue of any such claim, suit or cause of action in such courts; and waive any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non-convenience. YOU waive the right to a jury trial.

Attorneys’ Fees

YOU breach YOUR obligations under these Bidder Terms and Conditions, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

Acceptance of Bidder Terms and Conditions

YOU acknowledge and agree that YOU have had a full and fair opportunity to review these Bidder Terms and Conditions, and that you have read these Bidder Terms and Conditions, you understand these Bidder Terms and Conditions, and you accept and agree to be bound by these Bidder Terms and Conditions.

Mt Herman Equestrian, Art, and Vintage Sale