ONLINE ONLY - Sand Creek Trail Estate

Terms & Conditions

SPECIAL TERMS & CONDITIONS FOR THIS AUCTION:

Pickup is by appointment only at the seller's location in (Sand Creek Trail) Colorado Springs, CO 80923

Pickup is Friday, June 9th (9pm-3:00pm) only. Appointment REQUIRED

In-person preview is not available.

Shipping available on certain items - check before bidding. Please note: shipping can take up to 5 business days to process.

BRING HELP, TOOLS, AND THE APPROPRIATE VEHICLE. NO LIFTING, MOVING, OR LOADING ASSISTANCE WILL BE PROVIDED

Items not picked up during the designated pick-up times will be deemed abandoned and will be charged a disposal fee based on size and weight.

An additional Buyer's Premium of 15% is added to the highest bid price for all items regardless of form of payment.

Cash or Wire Transfer ONLY will be accepted for purchases, including titled vehicles, exceeding $1,000. Credit cards will NOT be accepted.

If you wish to pay for your purchases by cash or a credit card that is different from the one used to register for the auction, please notify us prior to 10am the day following the auction. All credit cards on file may be processed for purchases up to $1,000 at 10:30am on the day following the auction unless payment arrangements are made with our office.

All weights, measurements and dimensions are approximate.

Call/text our office for any questions at 719-667-1000

GENERAL TERMS & CONDITIONS

These Terms and Conditions constitute a CONTRACT between you, the bidder, and us, the Auctioneer. Do not submit any bids unless you understand and agree to ALL of the terms of this contract.

Schur Success Realty & Auction, LLC; Schur Success Auction & Appraisal, Inc.; and Schur Success Group shall be known individually and collectively as “Auctioneers”, or “Auction Firm”.

All bidders must be 18 years of age or older (21 for handguns), and provide identification as verification upon request. All bidders and others participating in this auction agree that they have read these terms and agree to be bound by and abide by these terms thereby. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and forever indemnify Auctioneer, its employees, agents, and assigns, from any liability and causes of action.

All property is sold “as is, where is” without any warranty or guarantee, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES or REFUSALS. As the highest bidder, you are the buyer and are bound by the terms and conditions of this agreement and sale. The BUYER assumes full responsibility for any item purchased AT THE TIME IT IS SOLD, including the security of the item(s). Though we will do our best to maintain security of the items, there will be no refunds for stolen or missing items once the Auctioneer announces “sold”. In no event shall a bidder or buyer hold the Auctioneer responsible for having made or implied any warranty or merchantability or fitness for any specific purpose.

The Auctioneer is acting solely as an agent for the Seller. The Auctioneer shall assume no liability for representations made, or information provided by the Seller. The Seller & Auctioneer reserve the right to accept or reject any or all bids, or to remove any or all items from the auction at any time. This is a Public Auction and as such, all qualified bidders may bid, including Schur Success owners, family members and employees. The Auctioneer may bid on behalf of the Seller up to the reserve, whether or not the reserve is published.

When preview or inspection is available, bidders are encouraged to inspect all items before bidding. Public inspection & preview information is posted on our website for each sale.

Bid cards and bidder registration numbers are issued solely to individuals and are not transferable. Others are not authorized to use your bidder registration. Should you allow others to bid under your number, you will be fully responsible for all bids they make as though you made them yourself.

The sale price recorded by the auction clerk on his or her record sheets, either on paper or electronically, takes priority over all other records and shall be the official sale price of the item sold.

Removal of any and all items shall be at the expense, liability and risk of the purchaser. All property must be removed within the time period announced by the Auctioneer for each auction. Property not removed within the announced time period will revert to the Seller for resale or disposal, without refund or recourse to the bidder. Property not removed shall be considered abandoned and no refunds shall be issued. The Seller, at his or her discretion, may chose to have unclaimed items removed or disposed of at the expense of the Bidder who failed to collect the items. By participating in this auction, you agree to pay the removal costs of any unclaimed items that you won in the auction. You must remove all items associated with each lot. Leaving behind any items from your purchase will result in a disposal fee assessed. Disposal fees range from $25 - $1,000 depending upon our costs.

Announcements made at the time of the sale take precedence over conflicting announcements or postings. The Auctioneer reserves the right to determine bidding increments at his or her discretion, and may reject a nominal or fractional bid. The Seller and the Auctioneer reserve the right to withdraw items from sale before or during the auction without prior notice.

Persons attending the auction during preview or inspection period, the auction, or during the removal period assume all risks of damage, injury, or loss to their person and or property, and release the Auctioneer and the Auction Firm from liability thereof. Neither the Auction Firm nor its principals shall be liable for any defect in or condition of premises on which the auction is held. The Auction Firm is acting solely as the agent for the Seller and is not responsible for any acts or omissions of its principals. The buyer, associates, employees, contractors and guests shall assume all liability for any damage they cause during the inspection or removal process.

Should any litigation or mediation be commenced between the parties to this agreement, concerning this agreement or the associated auction, the bidder / buyer agrees that the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.

The bidder / buyer agrees to reimburse the Auctioneer for all expenses incurred in the collection of any unsatisfied debt in conjunction with this auction.

Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in El Paso County, Colorado. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Colorado. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts.

Any Bidder who fails to perform as required under these terms and conditions may be banned from this or any future auctions.

By registering for any auction, the bidder agrees to be added to the Auctioneer’s email list. If you choose to unsubscribe, please follow the link at the bottom of each email to update your notifications.

The Auctioneer records all live auctions via video, audio, still photography, or a combination of all three. The Bidder grants the Auctioneer permission to use these recordings and or images for any purpose.

Payment

Payment is due immediately at the conclusion of the auction. A 15% Buyer’s Premium will be charged to all items, regardless of payment method.

Visa, MasterCard, Discover, and American Express will be accepted with matching photo-identification. By participating in this auction, buyers expressly agree that they will not “chargeback” or “deny” a credit card purchase. The 15% Buyer’s Premium shall apply to all credit card sales. Unless you contact our office prior to 10:30am the day following the auction with an alternative form of payment, the credit card that you register in the online bidding system may be charged at that time for purchases up to $1,000.

There is a $35 service fee that will be assessed for any credit card that is declined for a purchase.

Purchases larger than $1,000 are required to be paid by cash or wire transfer. Wire transfers will be accepted from US banks only, and must be completed by 10:00 AM the morning following the sale. No paperwork will be provided until the payment posts to our account.

Checks will NOT be accepted under any circumstances.

Title for any item will not transfer until payment posts and clears.

Sales Tax

Sales taxes will be assessed based on where the items are physically located. Bidders who wish to claim a sales tax exemption MUST provide a copy of their tax-exemption certificate PRIOR to placing any bids. Sales taxes will NOT be credited back should the bidder fail to pre-register their exemption.

Pick-Up / Shipping

Items may be picked up at the seller's facility by appointment only. Items not picked up during the designated pick-up times will be deemed abandoned and will revert back to the Seller with no refunds.

Shipping and Handling Costs:

Shipping and handling expenses are extra and are not included in the bid price of any item. Auction winnings must be paid in full before items can be submitted for shipping. Shipping costs are based on size, weight, value, and special conditions (fragile, hazardous, etc).

Shipping is provided and invoiced by Shipping Saints.

On-Line Auctions

Neither the Auctioneer nor the Seller shall be responsible for any failure of any electronic or internet systems to accept or register a bid. Registered bidders must create a password that prevents others from using their account. Bidders are responsible for ALL bids placed under their name and password. This is a Public Auction and as such, all qualified bidders may bid, including Schur Success owners, family members and employees.

Online auctions use a “Dynamic” ending process. If a bid is received in the last few minutes before the scheduled closing of an item, the timer on that item will extend, and will continue to extend each time a bid is received. Once the bidding stops, and the timer runs out, that item will be eligible to close. In some cases, items are “linked”, keeping one item open for bidding when a different item in the auction has been extended due to active bidding.

It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor of all items. Auctioneer may attempt to describe the merchandise in advertising, on the internet and at the auction but makes no representations. In no event shall the Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Auctioneer does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK YOUR QUESTION BEFORE PLACING BIDS. Bidders shall be the sole judges of value. It is Bidder's responsibility to determine if any item is legal where they live.

By placing a bid, Bidder acknowledges that they have inspected the items to their satisfaction or chooses to not examine them at their sole risk. Even though an item may display as "sold" on the internet, no sales are final until they are certified by the Auctioneer and the bidder receives an invoice. Auctioneer reserves the right to cancel any or all sales and resell the items in whatever manner he or she chooses.

Bidding increments are automatically adjusted based on the chart provided for each auction and are subject to change at the sole discretion of Auctioneer.

Bids cannot and will not be removed or altered, unless in the opinion of the auctioneer, the bidder can establish that the bid was an obvious typographical error.

Firearms

The Auctioneer holds a current and valid Federal Firearms License (FFL) and will comply with all laws federal, state, and local. Though we may sell firearms that are legal in our jurisdiction, they may not be legal in the bidder’s jurisdiction. It is the sole responsibility and obligation of the buyer to ensure the legality of a firearm in their jurisdiction. A thirty percent (30%) restocking fee will apply if a firearm purchased cannot be possessed in the buyer’s jurisdiction and must be returned to our inventory.

Firearms must be picked up in person at our office in Monument, Colorado, or they can be shipped to an FFL dealer of the bidder’s choosing. Firearms shipped will incur shipping and handling charges as outlined above. Firearms and all associated shipping and handling costs must be paid prior to shipping. The buyer is solely responsible for complying with firearms laws in the jurisdiction where the firearms will be received. The buyer must notify the recipient FFL dealer of the transaction before the Auctioneer makes any shipping arrangements.

Buyers wishing to pick up firearms in our office must make an appointment. Buyers will be subject to a mandatory CBI background check for each auction, though multiple firearms bought at the same time will require only one such check. The buyer will pay the cost of the background check ($10.50) as required by CBI. Valid identification will be required. Contact the auction to determine if your identification is acceptable. Purchases must be paid in full prior to a background check being conducted. If a buyer fails a background check, the Auctioneer shall retain the firearms and refund the purchase price less a thirty-percent (30%) restocking fee.

Firearms will be sold ONLY to the registered bidder. They will not be sold to another person, nor will a name be changed on any forms including bidder registrations or invoices.

If you attempt to change a transaction to a different person, that is considered a straw purchase.

If you know you will not pass a background check, do not bid.

Straw purchases are absolutely forbidden. If the Auctioneer has any reason to suspect that a firearm will be given/sold/transferred illegally to a third party, he must, by law, refuse the sale and report his suspicions to the proper authorities. Straw purchases are a federal offense.

Used firearms are sold untested. We do not attempt to fire or test any weapon that we sell. We highly recommend that you have all used firearms inspected by a qualified professional before operating.