Lot # : 965 - Winchester Pre 1898 1885 .40-60 Rifle

Auction Terms & Conditions Please review this information carefully. This information creates certain legally binding contractual obligations. In order to register and receive access to the online bidding/pre-bidding platform, a Bidder must accept and acknowledge these Terms and Conditions. 1. Any bid placed shall constitute a legally binding and enforceable offer to purchase the subject firearm. All bids therefore constitute an irrevocable offer to purchase and shall remain valid and enforceable until the Seller declares the property "Sold" and the auction has concluded. 2. Auctioneer reserves the right to reject any bid placed. For Online Bidding: Early registration is encouraged, accounts are reviewed by the auctioneer prior to bids being approved. Account registrations are reviewed on a daily basis. Account owners requiring more information to meet approval are emailed and/or called stating what information is needed. Failure to respond to attempts at communication may result in bids being declined, account owners are notified via email. Registrations during an active auction are not guaranteed evaluation in time for participation. 3. Auctioneer reserves the right to reject any Bidder from access to the interactive online bidding platform. 4. The Winning Bidder covenants and agrees to purchase the subject firearm at the price of the Winning Bid, and upon the terms and conditions hereinafter provided. 5. Within 48 hours of the close of the auction event, the Winning Bidder for the firearm shall receive an e-mail from Bauer Auction Service, LLC which will detail a date, a time, and a location for meeting with the holder of a Federal Firearms License, subject to further specific arrangements of the parties, including options for shipping and electronic payments to the holder of a Federal Firearms License appointed by the Winning Bidder, subject to verification of said appointees Federal Firearms License and credentials. 6. At said appointed date, time, and location, the Winning Bidder shall pay the full purchase price for the property by means of cash, certified check, or credit card if paying in person. Shipping customers are required to pay with bank wire or check mailed in. 7. Thereupon, the Winning Bidder shall present all information necessary to consummate the sale and shall thoroughly and truthfully complete any and all documents, forms or applications necessary to effectuate the transfer of the firearm through the Federal Firearms License holder(s), including but not necessarily limited to, ATF Form 4473. 8. The Winning Bidder agrees to comply with all Federal, State and Local Laws with respect to the purchase, possession and transfer of firearms. 9. Failure to appear at the appointed date, time, and location by the Winning Bidder, shall be considered an act of default by the Winning Bidder, and the Seller shall be entitled to pursue any and all legal and equitable remedies against the Winning Bidder which are available to Seller pursuant to the laws of the jurisdiction of the State of Illinois. In the event that Seller and/or Auctioneer file suit against Winning Bidder, Seller and/or Auctioneer shall be entitled to recover all reasonable attorneys' fees, costs and expenses incurred. 10. Time shall be of the essence as to all of Buyer's obligations. 11. In the event that any firearms sale is not consummated based on any misrepresentation, the High Bidder shall be liable to the Seller in the amount of $250.00 as liquidated damages and not as a penalty. 12. Notwithstanding any term to the contrary all sales and transfers shall be conducted in accordance with Federal, State and Local Laws. 13. By registering for the online bidding/pre-bidding platform, the Bidder acknowledges and understands that he or she is responsible for compliance with all local laws, and the Bidder further represents, covenants and warrants that: a. The Bidder assumes all responsibility for the legality of a specific firearm for which a bid is placed. b. The Bidder is at least twenty-one (21) years of age. c. The Bidder is legally authorized to own and possess firearms, and if an Illinois resident, is the holder of a valid F.O.I.D. Card. d. The Bidder is not prohibited by Federal, State, or Local Law from purchasing or possessing the specific firearm for which a bid is placed. e. The Bidder is the actual transferee/buyer of the specific firearm for which a bid is placed. f. The Bidder is not under indictment or information for any felony or any other crime which could subject Bidder to incarceration for a period of twelve months or more. g. The Bidder has not been convicted of any felony or any other crime which could have subjected the incarceration for a period of twelve months or more. h. The Bidder is not a fugitive from justice. i. The Bidder is not an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, narcotic drug or any other controlled substance. j. The Bidder has not been adjudicated mentally defective (which includes a determination by a court, board, commission or other lawful authority that the Bidder is a danger to himself or others or is incompetent to manage his own affairs). k. The Bidder has not been committed to a mental institution. l. The Bidder has not been discharged from the Armed Forces under dishonorable conditions. m. The Bidder is not subject to a Court Order which refrains the Bidder from harassing, stalking, or threatening the Bidder's child or intimate partner or child of such partner. n. The Bidder has not been convicted in any court of a misdemeanor crime of Domestic Violence. o. The Bidder has never renounced his or her citizenship. p. The Bidder is not an alien illegally in the United States. 14. Auctioneer reserves the right to resell any firearm not paid in full within seven (7) days of the auctions' closing date. 15. The Seller, Broker, Auctioneer and their representatives, attorneys, agents, and sub-agents, assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and material. The Seller, Broker, Auctioneer and their representatives, attorneys, agents and sub-agents, make no guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and material. 16. The Property is sold in its "AS IS" condition with all faults and limitations and no warranties expressed or implied, and Seller and Auctioneer specifically disclaim any and all implied warranties, including the warranty of fitness for a particular purpose. All Bidders are encouraged to inspect the Property prior to placing any bid and the Winning Bidder, as Buyer, acknowledges that he/she/it has had a reasonable opportunity to inspect and examine the condition of the Property and make inquiries of knowledgeable persons. All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own information, judgment, and inspection of the Property and records. 17. By registering and bidding, the Buyer acknowledges they understand accept and agree to these Terms and Conditions. 18. By registering and bidding, the Buyer acknowledges that they have submitted themselves to the personal jurisdiction of the State of Illinois. Buyer acknowledges that any and all disputes shall be governed by Illinois Law, conflicts of laws provisions notwithstanding, and that any and all litigation associated with any purchase and sale hereunder shall be filed in the Fifth Judicial Circuit, Coles County, Charleston, Illinois. 19. Seller and Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of their control. Bidder acknowledges that the online auction is conducted electronically and relies on hardware and software that may malfunction without warning. 20. Buyer awknowledges payment policy outlined by auctioneer within the catalog. Buyers whom require shipping must pay via mailed in payment or bank wire. Shipping charges may be billed to a credit card unless said charges exceed $500.00, then payment for shipping is to be made by check or bank wire. 21. The Registered Bidder acknowledges receipt and copy of these Terms and Conditions, and having read and understood the provisions set forth therein, accepts same and agrees to be bound thereby.