??AUCTION RON BRUNK INC. - D.B.A “BRUNK’S AUCTION” and “BRUNK’S ONLINE AUCTION” TERMS AND CONDITIONS FOR BRUNKS ONLINE AUCTION: UPDATED - January 1, 2022 By registering to bid on any item, Bidder accepts and agrees to be bound by these Terms and Conditions, and specifically acknowledges that these Terms and Conditions constitute a binding contract. If Bidder does not agree to these Terms and Conditions, Bidder is not authorized to register, bid on or purchase any item. All registered bidders have agreed with and are bound by all terms and conditions of Brunks Auction. CONDITIONS OF SALE: All property is sold “AS-IS”, “WHERE-IS”, “HOW-IS” and ALL SALES ARE FINAL. Items may have wear and tear, imperfections, or the effects of aging. Any condition statement given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact, says our attorney. All dimensions provided are approximate. Buyers are always encouraged to inspect items in person prior to bidding to make their own determinations as to condition, size, and authenticity. Additional condition details can be provided upon request. Brunk's Online Auction will do their best in photos and descriptions, any errors or omissions will be the responsibility of the Buyer to rectify upon their inspection prior to the item being sold. All merchandise being sold by Brunks Auction is considered “used” (estate merchandise) and comes in it’s AS-IS state, unless expressly described in the items description (I.E. - “working”, “14k”, “diamond”...). AUCTION EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY IMPLIED BY COURSE OF DEALING, OR ANY OTHER WARRANTY, WHETHER CREATED BY STATUTE OR BY THE COMMON LAW. Merchandise is open to thorough public inspection by preview appointment only (must contact auction to schedule viewing) or via a request for additional condition information or photos. It is the Bidder’s responsibility to determine condition, age, authenticity, value, or any other determining factor for their bidding decisions. Brunk's Online Auction may attempt to describe the merchandise in advertising, on the Internet, and at the auction in person, but makes no representations other than our opinion. Buyer must rely solely on their own opinion and gather information before bidding on an item. In no event shall Brunk's Online Auction 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 and authenticity and may not make any contest regarding any determining factor. Bidders who participate only online forgo the opportunity to preview, understand and acknowledge that this affects their ability to determine an item's value, as well as, if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value, or any other determinative factor for their bidding. Brunk's Online Auction shall endeavor to describe each item and any pertinent information about it. Brunk's Online Auction will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold AS-IS, WHERE-IS and that they may not return any item they purchase. THERE ARE NO REFUNDS. WARRANTIES OF OWNER/REPRESENTATIVE: Brunk's Online Auction is providing internet auction bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly on the day of the auction. Under no circumstances shall Bidder have any kind of claim against Brunk's Online Auction or anyone else if the internet service, bidding software or any other service pertaining to the bidding platform fails to work correctly before or during the timed online auction. Brunk's Online Auction will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bids are acknowledged should use the website feature and leave their maximum bid 24 hours before the auction ends. Brunk's Online Auction reserves the right to withdraw, re-sequence, or re-catalog items in this auction at any time, for any reason. If an auction is interrupted due to bad weather, internet or software malfunction or for any reason out of the control of the auction, it is at auction discretion to reinstate auction, cancel auction, reschedule auction or continue online auction with added bidding time. All received bids at the time of the failure can be honored at the restart of the auction or the auction canceled and rescheduled. PREVIEW: There are limited in-person previews for online auctions and are by appointment ONLY. All inventory can be previewed at our warehouse facility: 10144 W. Coggins Drive, Sun City, Arizona 85351. BE ADVISED; any items considered to be of “high” value will need to be brought onsite for preview, so be sure to discuss with auction what items are being requested for preview. DO NOT COME TO PREVIEW WITHOUT HAVING MADE PRIOR ARRANGEMENTS WITH AUCTION. The preview location is monitored by video and audio recordings. Additional photographs or condition reports are available upon request, please forward requests to daniel@brunksonlineauction.com BIDDING ONLINE: All bids placed are final. As a company policy, we do not retract bids as it messes with the integrity of the auction. If you default on payment or have your high bid removed for any reason, you will be liable for any difference in sale price between what your high bid was, and the final sale price of the lot. The Bidder is responsible for knowing which items he/she is bidding on. If he/she is unsure, he/she should inquire or not bid. When you become the winning bidder at auction you have initiated a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auction will not honor "mistakes". It is imperative that you do NOT share your bidding account login information, these accounts are not set up for multiple users. The auction will close at a rate of three lots per minute. If a bid is placed within an item's closing minute, the lot will be automatically extended by one minute until there are no additional bids. Company Defined Online Minimum Bidding Increments: $0 - $25: $1, $26 - $50: $2.00, $51 - $100: $5, $101 - $200: $10, $201 - $1,000: $25, $1,001 - $2,500: $50, $2,501 - $10,000: $100, $10,001 - $50,000: $250, $50,001 - $100,000: $500, Bid increments are subject to change during the auction at the auctioneer's discretion. The Auction reserves the right to accept bids in any increment he/she feels is in the best interest of his/her client, the seller. The Auction reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he/she feels are not in the best interest of the seller. GOVERNING LAW & VENUE: This agreement is governed by and construed in compliance with the domestic laws of the State of Arizona without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Arizona or of any other jurisdiction) that would cause the application of the laws of any jurisdiction except the State of Arizona. All disputes related to this agreement shall be resolved in a court of law located in Maricopa County, Arizona. Every effort is made to "guard" merchandise throughout the auction; however, the bidder becomes solely responsible for all items purchased by the buyer 24 hours following their winning bid. Therefore, the bidder is advised to make arrangements to pick up their purchases. If any item is determined to be missing or damaged within the 24 hour time frame, the auction total responsibility to said purchaser is a refund of the total purchase price. If any purchased merchandise is refunded for any reason, the maximum liability for the auction is the total purchase price paid; NO item will be replaced. PAYMENT INSTRUCTIONS: a. Bidders must be at least 18 years old and have a valid credit card to register for and participate in our auction. The first time you save a new card to your account, there is a $100 soft hold to confirm available funds. This hold typically falls off in 2-3 business days, this may vary subject to your credit card company. b. The Bidders name and address used when registering must match the name and address of the credit card being used. All invoices will be charged using the credit card on file within 48 hours of the auction closing. c. Please ensure your payment and contact information on file is correct, currently valid, and able to cover the entire invoice purchase price. d. To arrange for another form of payment besides the credit card on file, such as cash, personal/business/cashier’s check, or wire transfer, you must contact Brunk's Online Auction in writing at least 24 hours before the auction begins closing, to ensure your request is received. If your alternate payment is not received by the pick-up deadline then your card on file will be charged for your full invoice total, including any applicable fees. Email us at daniel@brunksonlineauction.com to specifically arrange an alternate method of payment. e. All checks (personal, business, cashiers) must be pre-approved by Brunks Online Auction and can be contacted at daniel@brunksonlineauction.com. Cashiers checks will be verified with the issuing bank and the auction reserves the right to accept or reject any personal, business or cashiers checks. f. Payments over $3,000 can only be made by certified cashier’s check or wire transfer, unless prior arrangements have been made; daniel@brunksonlineauction.com. g. Wire transfer will have a $30 fee applied to the invoice total. h. If your invoice is not paid within 7 days of the auction closing for any reason, the buyer forfeits said purchase and at the auction's discretion can ban any future bidding. The buyer can also be held liable for any difference between their purchase price and the resale price of said item(s). i. Brunks Online Auction and Brunks Live Auction are two separate business facilities and will require separate bidding registration as well as billing/payment processing. I.E. - A permanent bidder number holder at Brunk’s Live Auction does not hold a permanent bidders number at Brunks Online Auction and vice versa; in addition an open invoice at Brunks Online Auction can not be paid at Brunks Live Auction and vice versa. PAYMENT OPTIONS: Brunk's Online Auction accepts: Cash (any payment above $3,000 must have prior approval) Personal / Business / Cashiers Checks (upon approval) Discover, MasterCard, Visa credit and debit cards Wire Transfers PAYMENT INFORMATION: The currency for all purchases is USD. There is a 13% buyer’s premium added to all winning bids. I.E. - A winning high bid of $10 would be an additional $1.30 in buyers premium equals a total purchase price of $11.30 + tax. We have one of the lowest sales tax rates in the county; a 6.3% sales tax is added to all invoices unless the buyer provides to the auction a copy of their valid resale license and an Arizona tax exempt form is completed. (sales tax is subject to change) Credit card transactions are subject to an additional 3% convenience fee. All credit card transactions will be charged 16% buyers premium. Bidder agrees that upon processing a credit card, debit card or other bank card, such payment shall be immediate and irrevocable, and Bidder shall not dispute, challenge or reverse any such payment or charge. PICK-UP: 2 DAYS ONLY: Pick-up times will be from 10:00 am through 4:00 pm on the next business days (excluding weekends) following the end of the auction; which will also be described in each auction listing. Bring a photo ID and be prepared to present your receipt of purchase. Ex: Auction ends on Friday, the days available for pickup will be the following Monday and Tuesday from 10am - 4pm. All inventory will be available for pick up at our warehouse facility at 10144 W. Coggins Drive, Sun City, Arizona 85351. Loading, transportation, and any required disassembly of items is the sole responsibility of the buyer. We do not provide tools for disassembly or assist with moving heavy objects. Please bring any necessary packing materials as supplies are not available or provided. Please call 623-440-4652 in advance to schedule prior approved pick-ups beyond the initial two-day window or coordinate shipping arrangements. We require written permission for all third-party pick-ups on a buyer’s behalf. Email us at daniel@brunksonlineauction.com to request a substitute pick-up person in your place. Any inventory not collected, or without shipping arranged by the close of the second pick-up day will incur storage and any other applicable fees for a minimum of $25 per lot, per day, for up to seven days. Any inventory remaining in excess of seven days will be forfeited. If merchandise is paid for and not picked up within the timeframe it will be consigned and sold at auction with a 35% commission being taken by the auction house and the proceeds will be mailed to you at the address on file. WE DO NOT WANT TO SELL BUYERS MERCHANDISE, so please pick up all merchandise in the allotted pick up time frame. SHIPPING PROCESS: All shipping and handling charges are to be paid by the bidder and all packages must include insurance and a signature confirmation for your protection. Items must be paid in full before shipping is initiated. You may request to have your items shipped immediately after the auction closes. Email us at daniel@brunksonlineauction.com or call 623-440-4652 to discuss shipping arrangements. If shipped in house, we will update your existing invoice with any applicable tracking numbers and the total cost of your shipping & handling fees; and your credit card on file with our company will be charged when your items are prepared for shipping. Tracking numbers on your invoice will not become active until the balance is paid in full and your packages have been released to the carrier. Items will be shipped via UPS, USPS, FedEx, or other carriers at auctions discretion. Any items with shipping requests will be prepared for shipment or delivered to a third-party shipping company within 7 business days of payment at auctions discretion. Any issues with the delivery of your shipment (shipped in house or otherwise) must be taken up with the carrier listed on your invoice. SHIPPING INTEGRITY: Our goal is for you to receive your winning bids as quickly and cost-effectively as possible while prioritizing the quality and condition of your items. If shipped in-house all items shipped will be insured at their full purchase price and will require a signature confirmation at the buyer's expense. Items will be packaged together to reduce shipping costs to the greatest extent possible while maintaining the safety of the items within the package. Shipping & Handling fees are calculated with the carrier’s shipping costs, any applicable insurance, and signature fees, plus a handling fee to cover supplies including bubble wrap, boxes, packing materials, and delivery to the carrier. We can ship in-house as well as can provide vetted third-party shipping companies for your convenience. Please use the destination zip code and approximate dimensions of the item(s) as found in the catalog description to prepare an estimate for yourself using an online estimator; it is the sole responsibility of the buyer to cover all costs associated with shipping regardless of expense. An online shipping calculator can be found at https://goshippo.com/shipping-calculator/ . Third Party Shipping Companies (Recommended): The UPS Store - Tanya 8877 N. 107th Ave., Suite 302, Peoria, Arizona 85345 P: (623) 875-3070; F: (623 875-3074 Email: store4580@theupsstore.com Moon Valley Postal Center - Doyle 13236 N. 7th Street, Suite 4, Phoenix, Arizona 85022 P: 602-942-0122 Email: mvpost77@gmail.com SHIPPING RESTRICTIONS: Ivory, baleen, & other animal products will not be shipped. International buyers may bid on such items but must arrange pick-up from our facility. BRUNKS ONLINE AUCTION WILL NOT SHIP AMMUNITION in-house, local pickup only. International buyers are responsible for any customs fees or duties on their purchases. VEHICLE PURCHASES: Vehicle title transfers will only be made in the winning bidder’s name, or their company’s name for commercial vehicle title transfers. All transfer and registration fees are non-negotiable and the sole responsibility of the buyer. Buyer has the two business days following the auction to complete payment and must accompany an auction representative to the MVD to finalize the title transfer process and pay any applicable fees. The vehicle will be released to the Buyer after the transfer of title has been made. ALL VEHICLES MUST BE TRANSFERRED IN THE STATE OF ARIZONA. If you are out of state and can't travel to Arizona to transfer title, please do not bid on the vehicle. OUT OF STATE BUYERS (NOT LOCAL) must seek prior written approval from the auction house to bid on estate vehicles due to additional complications in receiving payment, title transfer/registration and coordinating vehicle pick up. Vehicles advertised miles may change very slightly, not to exceed 100 miles beyond what is advertised. ACCEPTANCE: By bidding in our auction the Bidder accepts and agrees that they have read and agreed to the Terms & Conditions of the auction in their entirety. It is imperative that you do NOT share your bidding account login information, these accounts are not set up for multiple users. Thank you for your understanding, accordance, and acceptance of these Terms & Conditions.