AUCTION TERMS & CONDITIONS
READ CAREFULLY BEFORE BIDDING. ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND CONDITIONS.
This auction is conducted by Cold Creek Auction, LLC (Auctioneer) on behalf of the owners of the property, referred to as the Seller.
ACCEPTANCE: All persons participating in this auction agree to and accept these terms and conditions unequivocally and without exception. All items are sold AS IS, WHERE IS with NO warranties implied or expressed. All SALES ARE FINAL. No allowance, refund or set aside will be made on account of any error in item description, cataloging, imperfection, defect or damage. Any descriptions or representations are for identification purposes ONLY and are NOT to be construed as a warranty or statement of value of any type. It is the bidder's responsibility to determine the condition, value, authenticity and all other factors of each item they bid on and to bid based solely upon that judgment. By participating in this auction you agree that Cold Creek Auction, LLC, nor its employees or affiliates will be held responsible for any errors in descriptions or any failure to execute a bid on behalf of any participant(s) for any reason whatsoever.
OBTAINING A USER NAME & PASSWORD: Click LOGIN/NEW BIDDER on our online auction page and follow the instructions. If you need assistance feel free to contact Cold Creek Auction at 888-708-2877.
REGISTRATION: Bidder must be 18 years of age or older. All bidders are required to register in order to bid. Bidder must submit current, complete, and accurate information for approval to bid. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about upcoming online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number/ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer, at Auctioneer’s sole discretion and for any reason reserves the right to terminate registration, deny any person permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding. Bidder registration is not transferable or assignable. *** READ THIS IF YOUR ARE CLAIMING ANY SALES TAX EXEMPTION*** When Registering, there is a Notes to Auctioneer field, please NOTE your intent to claim tax exempt with your State Tax ID Number regardless if you have bought from us before! We will not refund taxes for those NOT noted. Thank You.
BIDDING: Once you are registered and have your User Name & Password, you may place bids as soon as a lot opens for bidding. Read the descriptions of each lot and view photographs carefully. Your bids are FINAL and constitute a binding contract.
BUYER’S PREMIUM: A buyer’s premium will be charged on each purchase. A buyer’s premium is an advertised percentage of or flat fee that will be added to the high bid amount and become part of the purchase amount at settlement. Buyer agrees to these provisions and will pay the applicable buyer’s premium. The buyer’s premium for this auction is 13%
SOFT CLOSING: Each auction item is scheduled to end at a specific time, however all Online auctions performed by Cold Creek Auction use a "Soft Close" feature. During SOFT CLOSING bidding will remain open on any item that receives a bid within the last 3 minutes prior to the scheduled closing time. Time extensions are added in 3 minute intervals to the original auction closing time and to each extension's closing time when a bid is placed during that 3 minute extension. For example: An item is scheduled to close at 11:00am, and a bid is placed between 10:55am to 11:00am, the closing time will be extended by 3 minutes until 11:03am. If a bid is once again placed within the closing 3 minute interval, the time will extend until 11:06am and so on. Once a 3 minute interval has passed without any bids, the auction for the item will close and the lot will show as COMPLETED. Remember to click the "Refresh" button on your web browser frequently before the item closes and during any extension periods. Your screen may not "auto-refresh" and you may not see bids placed after yours if you don't manually refresh.
SHIPPING: All shipping costs of non-gun items will be quoted upon request unless stated in the item description. Shipping fees are the buyer’s responsibility and will be charges to the buyer’s final invoice. Firearms must be shipped to a valid Federal Firearms License (FFL) dealer only. If the buyer is not licensed, they will need to make arrangements to have the item shipped to a licensed FFL dealer in their state. Fixed shipping fees to the lower 48 states, please contact us for a quote before bidding if you wish to ship outside the lower 48 states. All Long-guns ship insured UPS Ground at a flat rate of $35.00. All Handguns ship UPS insured for a flat rate of $20 dollars. We DO NOT export firearms. Any item(s) that have not been arranged to be shipping within 5 days of the auction will be deemed abandoned and will become the property of Cold Creek Auction to dispose of as deemed fit to cover any and all fees or cost. You will not get your money back. You have 5 days to provide us with a copy of the dealer's valid signed FFL license. We will only ship the gun to the address on the license.
PAYMENT TERMS: Taxes, fees, shipping, handling, insurance, storage and security charges are Buyers expenses, and will be calculated and rendered due at the close of bidding. Successful bidders will be emailed an invoice of the detailed charges immediately following the close of all items listed in the sale. ALL Invoices will be charged against the credit/debit card presented at time of registration. PLEASE DO NOT BID OVER YOUR LIMIT. Sales tax, when applicable, will be charged on both the purchase price and buyers premium. We accept most major credit/debit cards. There is NO surcharge fee for credit/debit cards.
TAX: Sales tax will be collected on all items purchase by Texas residents or being shipping for delivery within the state of Texas. Sales tax for this auction is 8.25%
**FIREARMS AND AMMUNITION **
IT IS YOUR RESPONSIBILITY TO CHECK YOUR LOCAL AND STATE LAWS BEFORE BIDDING ON FIREARNS, WE DON'T KNOW YOUR LOCAL LAWS!!! No Firearms will be shipped to the state of California. Other states may also prohibit you from owning a firearm or item that is legal in our state. It is your responsibility to know what YOU can and cannot own. Remember your bid is a contract, not something that can be retracted or taken back. Please know what you are doing before you place a bid, for both of our sakes. Thank You Cold Creek Auction.
All firearms will be transferred in strict accordance with all local, state & federal laws. Bidders on handguns and handgun ammunition must be at least 21 years of age, bidders on long guns and non-handgun ammunition must be at least 18 years of age. If you cannot own, possess or purchase a firearm or ammunition due to not meeting Federal requirements, please DO NOT bid on them!!!! If you bid on a firearm and you are not approved on your form 4473, you ARE still required to pay the purchase price of the firearm, but WILL NOT receive the firearm, and your bidding privileges will be revoked.
YOU SHOULD ALWAYS HAVE A COMPETENT GUNSMITH INSPECT FIREARMS BEFORE FIRING. Cold Creek Auction, LLC, its employees or affiliates shall be held harmless from any claims of damage, bodily injury or death resulting from the sale of defective or misused property. These firearms are obtained from various estates and therefore we have not fired and do not know the history of any firearm provided.
DISCLAIMER OF LIABILITY FOR SERVICE INTERRUPTION: The bidder acknowledges and accepts that Cold Creek Auction, LLC does not guarantee continuous, uninterrupted service or secure access to our website. Operation of our website may be interrupted, interfered with or adversely affected by numerous factors or circumstances outside of our control. Neither Cold Creek Auction, LLC nor any of its sellers, agents, or any provider or third-party vendor will be liable for nor have any responsibility for any loss or damage incurred in the event of any failure or interruption of the website or internet bidding, or from any other cause regarding access to or inability to access the site or its materials, or to place bids whatever the perceived cause. In the event of service interruption during the course of internet auctions, Cold Creek Auction, LLC and its sellers reserve the right to terminate the interrupted auctions and declare all bids in those auctions null and void, to allow auctions to continue to run after an interruption, to relist and restart affected auctions at the original starting bid or the high bid at the time of the interruption, to restart all auctions containing any lots of merchandise affected by an interruption or to take any other action deemed necessary. The auctioneer's decision, with Seller's consent, shall be final without recourse or liability.
Cold Creek Auction is licensed and regulated by the Texas Department of Licensing and Regulation. Texas License #17318