ONLINE GUN AUCTION TERMS & CONDITIONS GUN AUCTION BIDDING ENDS THURSDAY ~ MAY 16TH, 2024 AT 6 P.M. Bidders must review these Auction Terms and Conditions before bidding. 1. The property listed and described in the attached list will be offered under the following Terms and Conditions of Sale, which Terms and Conditions of Sale and descriptions of items listed in the Alexander Inventory, may be amended, updated or altered at the time and place of the Auction by the Auctioneer and the Seller. 2. The consignors in this auction are Freddie Brasfield 88 Guns, Caleb Fortner 5 Guns, & Marvin Alexander 10 Guns. 3. These Terms and Conditions of Sale and any announcements posted on Alexander Auctions & Real Estate Sales’ website shall be binding on any bidder, whether present, represented by an agent or absentee bidder. Buyers are bound by these Terms and Conditions of Sale. 4. TERMS OF SALE: All property is sold “As Is” and “Where Is” and neither Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Sellers makes any expressed or implied warranty or representation of any kind or nature with respect to the property being sold. In no event shall Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Sellers be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, fitness for a particular purpose, description, size, genuineness, year of manufacture, attribution, provenance or condition concerning the property or any warranty that any item complies with any applicable federal or state laws. No statement set forth in the attached list or posted on Alexander Auctions & Real Estate Sales’ website or in the bill of sale or invoice or elsewhere, whether oral or written, shall be deemed such a warranty or representation or any assumption of liability. Alexander Auctions & Real Estate Sales, the Auctioneer, makes no representation or warranty as to the accuracy of the descriptions or representations which were provided by the Sellers and listed on the attached or as to the condition of the item. 5. CONDITIONS OF ITEMS SOLD: All information is believed to be accurate, but the Auctioneer shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowances will be made or sale set aside on account of any incorrectness, error in cataloguing or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “As Is” and without recourse. 6. It is Buyer’s responsibility to have all purchased firearms inspected by a certified gunsmith before firing. Auctioneer has made no attempts to test or operate any firearms. 7. LOCATION FOR PICKUP: Alexander Auctions & Real Estate building on 123 Church Street, Martin, TN 38237. 8. BUYER’S PREMIUM: A. A 10% Buyer’s Premium will be added to the final bid of each item to reach the total sales price of the item. B. Credit cards will not be accepted for any amount over $550.00 for a single item or any invoice with a total of $550.00 plus the Buyer’s Premium. Buyer agrees to pay the Buyer’s Premium. C. A 15% Buyer’s Premium will be added to the final bid of each item paid for by Visa, Mastercard or Discover only. 9. SALES TAX: Will not be collected on any item in this auction. 10. GUNS LAWS: FFL (Federal Firearm License) Law Apply. All Gun Sales are subject to ATF background approval and a $10.00 TICS (Tennessee Instant Check System) fee for Buyers paying onsite. 11. Online Out-of-state purchases must be transferred to a Federal Firearms Licensed Dealer in Buyer’s respective state for any firearm to be shipped. The Buyer’s Dealer’s FFL (Federal Firearm License) must be emailed or mailed with the Purchaser’s name and address. Email requested because Criminal Justice at the FBI fax is not always clear and is hard to read. 12. SHIPPING IS AVAILABLE, REVIEW SHIPPING SECTION. 13. TENNESSEE RESIDENTS: GUNS CAN BE PICKED UP ONSITE WITH THE APPROVAL OF THE ATF BACKGROUND CHECK AND TICS (TENNESSEE INSTANT CHECK SYSTEM) FEE. OUT OF STATE RESIDENTS CAN PICK UP LONG GUNS ONSITE PROVIDED YOUR STATE AND THE STATE OF TENNESSEE ALLOWS THIS TYPE OF TRANSFER. 14. Log-In or Register online at www.alexanderauctions.com. When you register, you must agree to the Terms and Conditions and any additional Terms posted on Alexander Auction’s website. 15. The auction has one catalog. a. All guns and inventory sell under the “Extend-All “bidding rules with a 5-minute extension. 16. EXTEND ALL DYNAMIC BIDDING): Each time a bid is placed on an item in the final (5) minutes of the auction, bidding time for all lots in the auction group will extend (5) minutes and all lots will remain open for bidding until no bids are placed in the last (5) minutes on any lot. All lots will close at the same time when no bid is placed on any lot in the last (5) minutes. 17. ALEXANDER AUCTIONS MAY INCREASE OR DECREASE THE BIDDING EXTENSION TIME. 18. PARTICIPATION REQUIREMENTS FOR BIDDING NUMBER: Valid Credit Card required for bidding approval. 19. PAYMENT: All purchases must be paid for no later than 24 hours after the Auction closes. 20. All payments must be made in U.S. Currency by cash, wire transfer or personal check with current Letter of Guarantee made to Alexander Auctions & Real Estate Sales or by credit card within the $550.00 total limit. 21. WIRE TRANSERS: PLEASE DO NOT WIRE FUNDS WITHOUT VERBALLY VERIFING THE WIRING INSTRUCTIONS AND CASH TO CLOSE AMOUNT PRIOR WITH SOMEONE FROM OUR OFFICE. REMEMBER: INQUIRE BEFORE YOU WIRE. WARNING: FRAUDULENT FUNDING INSTRUCTIONS: EMAIL HACKING AND FRAUD ARE ON THE RISE TO FRAUDULENTLY MISDIRECT FUNDS. PLEASE CALL OUR OFFICE IMMEDIATELY USING CONTACT INFORMATION FOUND FROM AN INDEPENDENT SOURCE, SUCH AS THE SALES CONTRACT, INVOICE OR INTERNET TO VERIFY ANY FUNDING INSTRUCTIONS RECEIVED. WE ARE NOT RESPONSIBLE FOR ANY WIRES SENT BY YOU TO AN INCORRECT BANK ACCOUNT. 22. BANK LETTER OF GUARANTEE must be made to Alexander Auctions & Real Estate Sales and not to “Whom it May Concern”. Letters must state that your bank or institution will guarantee a check up to $_________ (amount to be inserted). (Do not include amount in your checking account or savings account.) ** See Sample Bank Letter of Guarantee on Alexander Auctions & Real Estate Sales’ website. 23. ONLINE & ABSENTEE BIDDING: Your credit card will be charged immediately following the Auction for items which credit cards are accepted payment up to $550.00 total for an item or the total for all items. If your credit card is denied, there will be a $30.00 charge. 24. Purchaser agrees not to stop payment on checks, stop payment on credit cards or disallow a bank draft. Purchaser is responsible for any expenses due to collection of bad check or non-payment. In the event of non-payment of bad check, the Auctioneer reserves the right to repossess the merchandise involved at any time at your location. 25. BIDDER’S CONTRACT: The bidder’s contract is entered into between the bidder whose name is registered and Alexander Auctions & Real Estate Sales. He/She agrees with the Terms and Conditions by registering for a bidder’s number. Additional Terms, which may be posted or announced from the Auction block, are just as binding as the printed Terms and Conditions. 26. The successful bidder not attempting to settle their invoice after the conclusion of the Auction will be considered in default and will be black flagged in our database and in Marknet Alliance. Alexander Auctions & Real Estate Sales reserves the right to sell to the next highest qualified bidder or any other or new bidder in the event the successful bidder does not comply with the terms of the sale. 27. No items can be removed the day of the auction. 28. REMOVAL & PICKUP: No item can be removed until total payment price is paid. Items can be picked up by appointment on site on Friday, May 17th, 2024 between 9:00 a.m. and 5:00 p.m. by Appointment Saturday, May 18th, 2024 between 9 a.m. to 12:00 p.m. by Appointment. 29. NOMINAL BIDS: Any bid which is merely a nominal or fractional advance may be rejected by the Auctioneer, if in his judgment it may affect the sale negatively. 30. All bids are subject to acceptance by the Auctioneer. No bid shall be deemed a valid bid until accepted by the Auctioneer. All bids are accepted at the sole discretion of the Auctioneer. 31. The Auctioneer has the sole discretion to advance the bidding and may reject any and all bids which, in the Auctioneer’s sole discretion, do not advance and/or are injurious to the Auction, including but not limited to nominal, suspicious and/or suspect advances. 32. Confirmation of Purchase: Title to the property shall pass to the buyer upon the fall of the Auctioneer’s Hammer or close of the auction, subject to the compliance of the conditions of sale. Buyer assumes all responsibility for the item/items purchased and shall pay the total purchase price. 33. Alexander Auctions & Rel Estate Sales establishes bid increments. Alexander Auctions & Real Estate Sales reserve the right to increase and decrease increments. 34. MINIMUM BID INCREMENTS for Auction online bidding are indicated in the bidding platform. $1.00 to $75.00 - $ 1.00 $75.00 to $100.00 - $ 2.50 $100.00 to $200.00 - $ 5.00 $200.00 to $500.00 - $ 10.00 $500.00 to $1,000.00 - $ 25.00 $1,000.00 to $2,500.00 - $ 50.00 $2,500.00 to $5,000.00 - $100.00 $5,000.00 & Up - $200.00 35. Approximately 80 of the guns are NIB and never fired, however they have been sold. 36. All items are considered to be in used condition and are being sold “As Is” and “Where Is” and without recourse and with no warranty, guaranty as to operating condition, physical condition for a particular purpose or fitness for use and no claim may be made by purchaser relating to the condition or use of articles purchased or for proximate or consequential damages arising there from. You should make an inspection of these items beforehand and be satisfied with their condition. 37. ADDITION TO OR WITHDRAWAL FROM AUCTION SALE: The Auctioneer reserves the right to withdraw from sale any of the items; to add sell at this Auction items not listed; to group one or more lots into one or more selling lots or to subdivide into two or more selling lots. 38. Alexander Auctions & Real Estate Sales has full discretion to modify the date and time, order and details of the Auction for any reason or no reason at all, including but not limited to technical issues, emergencies and convenience of Alexander Auctions & Real Estate Sales or the Seller. 39. UCC SECTION 2-328 (4) DISCLAIMER: SECTION 2-328(4) OF THE UCC STATES, “IF THE AUCTIONEER KNOWINGLY RECEIVES A BID ON THE SELLER’S BEHALF OR THE SELLER MAKES OR PROCURES SUCH A BID, AND NOTICE HAS NOT BEEN GIVEN THAT LIBERTY FOR SUCH BIDDING IS RESERVED, THE BUYER MAY AT HIS OPTION VOID THE SALE OR TAKE THE GOODS AT THE PRICE OF THE LAST GOOD FAITH BID PRIOR TO THE COMPLETION OF THE SALE.” ACCORDINGLY, THE SELLER AND THEIR AGENTS, HEREBY, RESERVE THE RIGHT TO BID AT TODAY’S AUCTION. 40. Alexander Auctions & Real Estate Sales is providing internet auction online bidding as a service to the bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall bidder have any kind of claim against Alexander Auctions & Real Estate Sales or anyone else if the internet service fails to work correctly during the bidding time period. 41. In the event that there are technical difficulties related to the server, software, internet, or any other online Auction-related technology, Alexander Auctions & Real Estate Sales, MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding or close the bidding. Neither the company providing the software nor Alexander Auctions & Real Estate Sales, MarkNet Alliance or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary. 42. Description takes precedence over the pictures. Pictures sometimes overlap and show additional items not included with the lot. 43. CONFIRMATION OF PURCHASE: Title to item shall pass to the buyer upon the ending of the Auctions, subject to the compliance by the buyer of the conditions of sale. Buyer assumes all responsibility for the item or items after purchase and shall pay the total purchase price. All sales are final. Alexander Auctions & Real Estate Sales and the Seller do not and will not be responsible for or furnish any security for sold items. 44. Insurance: Alexander Auction & Real Estate Sales does not provide insurance. Buyer is responsible for insurance. Insure your items at the time of purchase when the item is sold. 45. Bidders who bid off-site and do not preview guns, ammunition and miscellaneous items 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 bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor and place their bid accordingly. 46. The purchaser does hereby acknowledge that the subject property is purchased at public auction and that a prerequisite to bidding is that all property, whether real or personal, is purchased absolutely “As Is” with no warranty whatsoever as to the condition of the same. 47. COMPLIANCE WITH THE TERMS OF SALE: In default of payment of bills in full within the time announced for this Auction, the Auctioneer in addition to all other remedies allowed by law may retain all monies received as deposit or otherwise, as liquidated damages. Lots not paid for within the time specified herein may be resold at public or private sale without further notice. Any resulting deficiency together with all expenses and costs of re-sale will be the responsibility of the defaulting purchaser. Each buyer in making a bid does herewith agree to comply with the terms and conditions as herein stated and as otherwise set forth. The failure or default by a successful buyer to fully comply with the terms and conditions herein will be treated as an immediate breach and the deposit as made retained and applied toward any deficit in additional costs or charges as incurred to affect the resale of that property at private or public sale. There shall be no further notice required to the buyer once a default has occurred. The obligation of the buyer shall be for costs as incurred, plus any deficit included arising from the buyer. 48. WARRANTY: All items are sold “As Is” and “Where Is” without guarantee of any kind. No Warranty of quality, condition, merchantability or fitness for intended use or any particular purpose or particular use is given. All sales are Final! No returns or charge backs allowed! Returns and charge backs will result in a black flag with Marknet Alliance. 49. INDEMNIFICATION: Purchaser shall defend and indemnify and hold Auctioneer and Seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the guns, ammunition and other miscellaneous items purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements or for proximate or consequential damages, costs or legal expenses arising there from. 50. SHIPPING: The packing, shipping and insurance charges are the responsibility of the winning bidder. The shipping company will vary depending on the items purchased. There will be a $5.00 to $10.00 fee for shipping box and materials. Either Federal Express, United Parcel Services or the United States Postal Service will be used. The cost of shipping insurance will be charged according to the carrier’s charges. SHIPPING CHARGES: A $15 minimum packing charge will be made for guns. A minimum $5.00 packing fee for ammunition and knives and miscellaneous items. 51. Shipping and packing charges are charged separately to the credit card on file. 52. If you would like your items to be shipped without insurance, please contact the Auction Company immediately following the Auction. 53. Items will be shipped within 14 working days after full payment is received and the FFL is received. If a firearm is purchased and must be shipped, we must have an FFL Dealer’s License before we can ship any firearm. 54. INDEPENDENT CONTRACTOR: The Auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers. 55. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify Alexander Auctions & Real Estate Sales, the Auctioneer from liability therefore. Neither Alexander Auctions & Real Estate Sales, the Auctioneer nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held. 56. RECORDS: The record of sale kept by Alexander Auctions & Real Estate Sales, the Auctioneer and bookkeeper will be taken as final in the event of any dispute. 57. During the Pre-Online Bidding Auction process there is a chance that you will be outbid. Bidders should refresh their browser. Due to varying internet connection speeds, sometimes email notifications can be delayed. We are not responsible for the failure of any part of the bidding process or internet bidding. Verify that your email address, in your registration profile, is correct and up-to-date. 58. Any person who registers agrees to be subject to the personal jurisdiction of the State of Tennessee. 59. Bidders agree to be bound by the laws of the State of Tennessee and subject to the courts of Tennessee jurisdiction. 60. Bidders agree that Alexander Auctions & Real Estate Sales has the right to elect the venue (usually a court in specific county) in which all disputes concerning the bidder registration agreement shall be brought. 61. Your use of this site and bid placement constitutes your acceptance and agreement to adhere to these terms. Please print a copy for your records. All bidders are responsible for reading all Terms and Conditions carefully. Lack of knowledge of Auction Terms and Conditions will not release bidders from their obligations. 62. All bidders acknowledge and accept by signature these Terms and Conditions provided at time of registration by registering for a bid number. 63. Alexander Auctions & Real Estate Sales reserves the right to revise the Terms and Conditions. EXPLANATION OF WAYS TO BID: Max Bid: The maximum amount you are willing to pay for a lot. When you place a max bid, the system will automatically bid for you up to the amount that you have entered as your max bid. Any time another person places a bid, it will place the lowest amount required to outbid that user while staying under your max amount. Your bid will only increase by the minimum increment, the bidding platform will automatically raise your bid to your maximum bid as others bid up the lot over time. The bidding platform recognizes the first highest bid made. The bidding gets down to minutes and even seconds of when bids are placed. Regular Bid”: Is the bid amount you wish to bid at this time. You can jump the bid to any price you want to raise too. Extend All/Dynamic Bidding Auctions may extend the bidding time on any lot that gets a bid within a certain amount of time of its scheduled closing time. The Auction will remain open for all lots until no bids are placed on any lot in the allotted amount of time. The Auctioneer will determine the number of minutes necessary to activate dynamic bidding ahead of time. EXTENDED BIDDING: EACH TIME A BID IS PLACED ON AN ITEM IN THE FINAL FIVE (5) MINUTES OF THE AUCTION, BIDDING TIME FOR THAT ITEM WILL BE AUTOMATICALLY EXTENDED FIVE (5) MINUTES FROM THE TIME THE BID WAS PLACED ON THAT LOT. EXAMPLE: IF AN AUCTION IS SCHEDULED TO END AT 1 P.M. AND AN ITEM RECEIVES A BID AT 12:59 P.M., THE CLOSING TIME OF THAT ITEM AUTOMATICALLY EXTENDS TO 1:05 P.M. THE AUTO-EXTEND FEATURE REMAINS ACTIVE ON THAT LOT UNTIL NO FURTHER BIDS ARE RECEIVED WITHIN A FIVE-MINUTE TIME FRAME ON THAT LOT. EXTEND ALL BIDDING: EACH TIME A BID IS PLACED ON A TRACT OF REAL ESTATE OR A LOT IN THE FINAL FIVE (5) MINUTES OF THE AUCTION, BIDDING TIME FOR ALL THE TRACTS OF REAL ESTATE AND LOTS IN THE AUCTION WILL EXTEND 5 MINUTES. ALL LOTS WILL REMAIN OPEN FOR BIDDING UNTIL NO BIDS ARE PLACED IN THE LAST 5 MINUTES. ALL LOTS WILL CLOSE AT THE SAME TIME. . Alexander AUCTIONS & REAL ESTATE SALES MARVIN E. ALEXANDER, CAI, Auctioneer – LIC. 9 239 UNIVERSITY STREET ~ P.O. BOX 129 ~ MARTIN, TN 38237 Office: (731) 587-4244 ~ Email: alexanderauctions@frontiernet.net