VFW Post 2772 Sherman Texas Auction

ORDER OF SALE

The following will be offered at auction:

Listed Items

The method that produces the best offer to the seller will determine how this property sells.

All property is selling subject to owner confirmation.

VEHICLES, FIREARMS, VACATIONS , SPECIAL TRIPS

Each category will have separate terms that apply to individual purchases. Subject to shipping, receiving, title work, background verifications, back out dates and expiration dates for vacation and special trips.

POSSESSION

Any item purchased shall immediately become property of the awarded bidder at the time of bid award. All property will transfer subject to pick up and shipping in the specific terms posted herein. However delayed payment shall not preclude bidder or purchaser from all responsibilities.

INDIVIDUAL PURCHASES

Individual purchases are to be considered as a single transaction not contingent upon acceptance of any other bids by the Seller.  Auctioneer has the right to sell this Property in any form or fashion that is legal and ethical in order to produce the best offer to the Seller.

REPRESENTATION

Purchaser and Seller acknowledge and agree that the only Broker/Auctioneers involved in this transaction are Myers Jackson, as Auctioneers have acted as agent for the Seller in this transaction. Auctioneers/Broker has not acted as agent in this transaction for the Purchaser. USVET.fund Inc.  is seller in connection with other causes.

AD VALOREM TAXES County Tax Collector

Tax is a required collection on most states. Tax is paid on the bid price plus buyers premium.

The Total amount the Auctioneer must collect is Bid + Buyers Premium = Sales Price = Tax

SPECIAL CONDITIONS OF THE SALE

Seller’s presently have title to this Property.  At the time of closing, Seller’s agree to convey a marketable title to said Property by deeds or bills of sale as described and subject only to possession and ownership. Sellers may be ask to verify the ownership of each item. As part of the terms and conditions buyers agree to accept transfer of title in as is condition without warranty or replacement.

DISCLAIMER

Broker/Auctioneers and the Seller have gathered this information and believe it to be correct to the best of our knowledge. All documents and information are being furnished to the bidder for the bidder’s convenience and it is the responsibility of the bidder to determine that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the bidder’s risk. These documents are being provided without any warranty or representation, express or implied, as to its content, its suitability for any purpose or its accuracy, truthfulness or completeness. Each Purchaser must conduct and rely solely upon its own investigation and inspection. Further, all parties acknowledge and agree that the Property is being sold “AS IS” with any and all faults. The Seller shall have no obligation for repairs or replacements noted in any inspection(s) made by or for the Purchaser. Such repairs or replacements shall be the sole responsibility of Purchaser. All contracts will be presented at the close of the Auction with specific Seller instructions. Seller may remove property from the Auction during or at any time prior to the end of Auction and at the Seller’s discretion; Seller may accept the offer with the best terms. Auctioneers/Broker and/or Seller may bid or rebid on any property in tracts, combination of tracts or as a whole, defense of a bid or any bid increment vital to producing the highest and best price under the terms and conditions of the Seller. Furthermore, it will be the Seller’s discretion to accept any additional increase on any posted bid by any individual tract purchase, combination, defense of bids or any upset bid during or after any bid has been posted and prior to final confirmation and reserves the liberty of bidding until the acceptance in the form of a purchase and sale agreement in writing. Any Internet bid may be transferred to any live Auction event and will be subject to terms and conditions of the live Auction. Furthermore, all bids shall be posted and presented accordingly as announced by the Auctioneer. All firearms will be processed by a officially licensed Federal Firearms Dealer, subject to fees and taxes.

Auctioneer’s Note for Online Bidding: Auctioneers reserve the right to accept bids from all qualified bidders to include but not limited to: Live Auctions, Online Only Auction Platforms, Written Bids, Electronic Bids, Fax Bids, or Written offers during before or after the bidding period. If you are looking to buy this item, you are invited to make your best offer, however your offer may not be the best offer, the sellers reserve the right to evaluate all bids and make final decision on acceptance based on all offers. Please make your best offer; Auctioneers will further reserve the right cross reference bidders to evaluate the best offer. By registration you allow Auctioneers to update you as information becomes available you will receive a permanent bidder’s number on the Myers Jackson Companies and Affiliate bidding platform.

Auctioneers Note for Accepted Procedures:

Auctioneers reserve the right to accept bids from all qualified bidders to include but not limited to: Live Auctions, Online Only Auction Platforms, Written Bids, Electronic Bids, Fax Bids, or Written offers during before or after the bidding period. If you are looking to buy this item, you are invited to make your best offer, however your offer may not be the best offer, the sellers reserve the right to evaluate all bids and make final decision on acceptance based on all offers. Please make your best offer; Auctioneers will further reserve the right cross-reference bidders to evaluate the best offer. By registration you allow Auctioneers to update you as information becomes available you will receive a permanent bidder’s number at Myers Jackson APPS or other bidding platforms. You will receive future notices subject to privacy policy. It is further understood that this auction is subject to film, TV and photography and all parties hereby release Auctioneer from any and all liability without recourse.

It is expressly understood that the terms and conditions set forth are authorized by the sellers and the purchase and sale will be between the purchaser and sellers. Auctioneer is acting, as an agent for the seller, however shall not be responsible for any contact action between the parties. No party shall alter, use, reuse, mark, stamp or reproduce this document without the express written consent of Myers Jackson.

I agree to all Terms & Conditions of Sale:

________________________________                   __________________________                 ______________

Bidder Signature                                                 Print Name                                             Date

PERSONAL PROPERTY Terms and Conditions:

Personal Property:

Shall include all property in any Auction {that is not considered REAL PROPERTY} to include but not limited to equipment, firearms, vehicles, tools, machinery, farm implements, recreational vehicles, transportation surplus, government surplus, construction surplus, farming surplus, industrial surplus, collections, furniture, or any item ordered sold by Personal Representative, Bank Officials, Lending Institutions, Court Order, Trustee, Executor, Executrix, Administrator, Manager or Member of any LLC, Officer or Director of any Corporation and individual and family members appointed to sell personal property , singular or plural, single offerings or multiple items in any Auction Event.

Buyer’s Premium:

Up to a 10% Buyer Premium may be added to the winning bid for Equipment and the Vehicles. Up to 20% Buyer Premium will be added to all other personal property depending n the specific terms for each sale and the type of item.  Subject to all payment processing to include certified funds, checks or cash, ALL WIRE TRANSFERS WILL BE ASSESSED THE APPROPRIATE FEE to be paid by purchaser this will include Auction Fee (10% Buyers Premium), Credit Card Fees (3%), and will exclude taxes, transfer fees, back ground checks, federal firearm dealer requirements, shipping, handling, storage or other state, local or federal fees.

Instruction Form:

During registration purchasers shall fill out an instruction form that will alert the Auctioneer of the details of a transaction to include payment, shipping, storage, contact information, receiving address and correct billing address. This is to help the Auctioneer insure timely preparation any item for transfer of ownership. Please fill out the form in detail prior to bidding and return by email or fax number as provided on the form or in person.

Possession of Property:

Once the property is announced sold it then becomes the property of the bidder. The bidder is then immediately responsible for the item and must make or has made all arrangements necessary to secure the item, with exception of firearms in which will be in possession of seller and or dealer. The Auctioneer will not be responsible for security of any property sold. Any item left on the property will be subject to fines or loss. The winning bidder must make arrangements to move the property within 24 hours after bid award. All movable items shall be paid for at the time of purchase without delay. Auctioneers are not responsible and shall not be liable for the security of any items.

Shipping:

Any item purchased will be the sole responsibility of the purchaser. The Auctioneer will not arrange shipping or suggesting a shipper will not be guaranteed. All cost for shipping will be will be paid prior to any item being released in the event the Auctioneer arranges shipping. In all other cases the purchases shall coordinate the method, time, delivery, and choice of shipper. Auctioneers are not responsible and shall not be liable for the security of any items.

Shipping is not included in the final purchase price. Purchasers are required to make arrangements for picking up any and all items. * Special Rules apply to Firearms, and will be strictly enforced, overseen by the FFL Dealer, subject to additional fees.

Payments:

All checks are subject to cash availability and auctioneers reserves the right to hold any items until cash funds have been presented for collection. Auctioneer shall have the authority to collect payment in the form Authorized by the purchaser and purchaser shall vie permission to collect information necessary to process payments.  All payments shall be collected same day. Purchaser shall pay any fees or surcharges connected with the method of payment. Credit card payments will be final and no rebates; refunds or disputes will be allowed in connection with the purchase. Buyers acknowledge that he/she have read the requirements and will sign the buyer’s acknowledgement prior to delivery and transfer of property.

Personal Property Purchasers will pay in full for the total transaction/purchase price on auction day in the form of cash, Credit Card with signed authorization or PAY PAL Invoice, cashier’s check or good personal funds accompanied by a bank letter of guarantee with up to a 10% BP Added, Taxes Added, Transfer Fees Added, Background Check Added. All will require certified funds and payment in full on the day of the auction immediately after the bid award with no rights or refund, all sales are final.

Condition:

Auctioneer will not be responsible for the condition of any item. All property will be sold “as is” “where is” with all faults. Auctioneer will not grade the condition of the item nor cause any item to have any guarantee of condition. There will be no warranty, replacements or repairs to any item. All sales are at the risk of the buyer before, during and after the purchase. Any purchaser shall conduct his own inspection of the item prior to purchase.

Inspection:

Auctioneer will make every effort to allow for pre-auction inspection of items on February 7th-Dates and times for inspections will be announced in advance prior to the end of the auction. Purchasers must allow for this time reservation and cause the inspection of the item prior to each sale. Non-inspection of any item will not alleviate the purchaser from the obligations and responsibilities of the purchaser. Seller disclaims the operation of any item & will not warrant.

Warranty of Transfer:

Items sold may be subject to confirmation being announced by the Auctioneers. Auctioneer will not warrant the transfer of any item or property until authorized by the seller and or and lien holder. Auctioneer shall take all measures necessary to ensure that the transfer of ownership is completed, however the Auctioneer shall not be held liable for the final disposition of the property. All confirmations of sale shall be the responsibility of the owners or authorized sellers.

Items with Reserve:

Items selling by confirmation may or may not have a posted reserve. The Auctioneer may not be required to disclose the reserve and shall proceed under the direction of the seller with respect to any posted of non-posted reserve. The announcement of acceptance of non-acceptance of the final bid price shall be made in a timely manner as instructed by the seller or may not be disclosed at all. Seller reserves the liberty of bidding in the preparation for confirmation of the sale.

Electronic Communication

Electronic Approval for all transactions. You hereby acknowledge and agree that these terms and conditions are being executed both in your individual capacity and in your capacity as an authorized representative for Dealer and that the approval of this document, if by e-signature, shall be deemed to satisfy all requirements imposed on electronic or digital signatures under the Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”), 15 U.S.C. §7001(a) et seq., state electronic transactions acts, and any other similar laws relating to the validity or enforceability of electronic or digital signatures. You further acknowledge and agree that these terms and conditions may be approved by affixing to this agreement an electronic or digital signature, which shall for all purposes be deemed effective to constitute the valid signature of the party affixing such electronic or digital signature.

Liability

Purchasers and accompanies enter the premises at their own risk. The seller shall not be liable for any occurrence in the event any visitor shall undertake by sickness, health or injury of any kind.

Seller will not be liable for negligence, carelessness or undue hardship under any circumstance by or with any visitor, register bidder, friend, neighbor or otherwise.

1. Vehicles, Boats, RV, Equipment, Motorcycles referred to as Vehicles.

Buyer is the transferee and agrees to purchase the Vehicle; Seller is the transferor and agrees to sell the Vehicle. Myers Jackson is merely the auctioneer or facilitator in the transaction and expressly disclaims any and all express and/or implied warranties as to merchantability, fitness for a particular purpose, or any other matter whatsoever with respect to a Vehicle, other than the limited title guarantee set forth below. You acknowledge and agree that you are a sophisticated commercial party and agree to satisfy yourself as to the condition and value of a Vehicle and the terms of any bid before bidding or selling. The Estate of Charles Gross will transfer ownership of any vehicle.

Buyer agrees: to purchase the applicable Vehicle for the purchase price established by the auctioneer and shown on the bill of sale or title if available. If title is not available the bill of sale will take precedent in rightful ownership as transferred. Subject to Auctioneers Buyers Premium, taxes and transfer fees to be paid by purchaser.

Title transfer or any other transfer of ownership shall not take place until all funds are delivered in full as cash or equivalent payment acceptable by the seller. The purchaser shall not receive title of take possession of vehicle until complete payments have been satisfied.

2. Firearms * Special Rules apply to Firearms, and will be strictly enforced, overseen by the FFL Dealer, subject to additional fees.
3. Trips and Vacations shall be subject to availability, blackout dates, expirations. Any extension, upgrade or alteration to the package presents will be subject to additional charges. Subject to travel costs and other fees announced or unannounced.

Myers Jackson, Auctioneer / 844-400-2828

Check Payment Authorization

I have authorized Myers Jackson Auctioneer to receive and take payment for items purchased at an Auction Located at ____________________________________.

I have purchased items listed, and I understand there will be no refunds, rebates or repayment for any items purchased. Furthermore, I understand that in addition to the bid price I have agreed to pay the buyer’s premium, taxes and other fees associated with the purchase. Additionally, I understand that other fees including but not limited to Background Check Fees and Transfer Fees for any firearm purchased may be included in or excluded from this payment as outlined.

Check Number ____________________________

Bank Name _______________________________

Purchaser_________________________________

Date _____________________________________

Signature ________________________________________________________I authorize Myers Jackson Co./ Auctioneer Myers Jackson to deposit checks indicated in this authorization form according to the terms outlined above. This payment authorization is for the goods/services described, for the amount indicated above only, and is valid for deposit or redeposit, subject to return fees that may be collected by the Auctioneer in the amount of no less than $500.00 per check, in addition to any fees associated with the collectable actions in the pursuit of full payment including court costs and/or all legal fees. I certify that I am an authorized signer for the account listed and that I will not dispute the payment with my banking company for any reason; or will not initiate any stop payments so long as the transaction corresponds to the terms indicated in the invoice and as announced during the course of the sale with live and online announcements.

One Time Credit Card Payment Authorization Form

Sign and complete this form to authorize Myers Jackson or affiliates  to make a one-time debit to your credit card listed below. By signing this form you give us permission to debit your account for the amount indicated on or after the indicated date. This is permission for a single transaction only, and does not provide authorization for any additional unrelated debits or credits to your account.

Please complete the information below:

I ___________________________________________ ______authorize Myers Jackson  to charge my credit card account numbered below for the following:

For total payment for services indicated below for $_______________________ including service fees:

I am authorizing the charge of $__________________________ for payment without recourse. I, the undersigned am the purchaser of the attached listed items and the charge will include the bid, plus buyer’s premium, applicable taxes and the payment convenience, incoming wire fees, or other payment fee to carry the transaction.

Name:  _______________________________________________________________

Billing Address: _________________________________________________________

City: ________________________ State: _____________ Zip: ______________________

Date: _____________________________________

Phone#: _______________________________          Email: ______________________

Account Type: Visa \ MasterCard

Cardholder Name: _______________________________________________________

Account Number: ________________________________________________________

Expiration Date _______________ CVV2 (3 digit number on back of Visa/MC) ________

SIGNATURE  ______________________________________________________

DATE:  _____________.

I authorize Myers Jackson  / Myers Jackson President USVET.fund, and as Auctioneer to charge the credit card indicated in this authorization form according to the terms outlined above. This payment authorization is for the goods/services described above, for the amount indicated above only, and is valid for one time use only. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated in this form. This will not include packing, shipping, and handling, transfer fees or any dealer fees. The property will be purchased as is with all faults with no returns, repair or replacement. Subject to return fees that may be collected by the Auctioneer in a future charge for unpaid costs, collections, purchases or other fees related to the above purchase, in the amount of no less than $500.00 in addition to any fees associated with the collectable actions in the pursuit of full payment, court costs, legal fees and all other fees in connection with collection of unpaid or disputed items. Myers Jackson 1547 Inc. is a subsidiary of Myers Jackson Co.

*See Important Notice on Next Page Regarding Firearms

IMPORTANT NOTICE

To all firearm purchasers:

Then by order of the seller the Federal Firearms Dealer will then initiate transfer of the firearm only from The Dealer’s business location with no exceptions. No firearm shall be picked up from the location of the auction and shall remain in seller’s possession until dealer is authorized to remove the items.  All transactions will be subject to a 50 Dollar transfer fee, a $10 Dollar background check fee in addition to shipping, boxing, handling, storage or any unforeseen condition that may affect the transfer of any firearm. There will be no rebates, returns or refunds of any payment in cash, check, credit card, wire transfer or any other form of payment of trade. In the event the buyers cannot pass a background check to receive transfer, the buyer/bidder will forfeit all payments including purchase price, taxes, buyer’s premium, transfer fees or other costs associated with the sale.

Transfer FEE $50.00 / Background Check $10.00 / Total to be paid to Dealer $60.00

And Cost Plus for Shipping, Packing, Handling, Delivery to Buyer FOB _____________.

*The dealer cost does not include Purchase, Buyer’s Premium and Taxes paid to Auctioneer.  All charges will be separate to dealer and auctioneer to complete purchase.

*Shipping and Handling will be cost plus to the buyer and payable to the gun dealer for packing, shipping, handling, background checks or transfer fees charged by the dealer.