FALL SPORTSMAN & HUNTING AUCTION

Terms & Conditions:

WHAT YOU AGREE TO WHEN YOU BID

YOUR BID IS A PROMISE: Placing a bid means you are entering a legally binding agreement, meaning you agree to follow all of our buyer terms and conditions. Please bid only on items you fully intend to buy. 

FAIR CAP ON DISPUTES: If a dispute occurs, the absolute maximum amount the auction company will ever owe you is a refund of the exact purchase price paid. 

KEEP YOUR ACCOUNTS SAFE: If you don't follow the terms and conditions of the auction, fail to pay, or fail to pick up your items, your account may be suspended from future auctions. 

RIGHT TO SUSPEND PRIVILEGES: Bontrager Real Estate & Auction Service has the right to void any sale, suspend bidding, or re-sell any item/lots for any other reason.

BID RETRACTION: Bids cannot be retracted once the auction begins. 

IN THE EVENT OF LEGAL PROCEEDINGS arising from this contract or the auction in connection therewith, the buyer consents to be subject to the personal jurisdiction of the courts of the State of New York, Genesee County.

ALL AUCTION TERMS AND CONDITIONS APPLY to you, regardless of whether you have read or understood them. 


BUYING CONDITIONS AND LIABILITY

ALL SALES ARE FINAL: Everything is sold strictly "AS IS" with no guarantees, exchanges, or refunds. Bidders are responsible for educating themselves as to the condition of items before they bid. 

7 DAY RETURN RULE: Items are sold as-is, but if Bontrager Real Estate & Auction Service agrees to provide a guarantee, all refunds, exchanges, and returns must be requested within 7 days of the customer taking possession of the merchandise. Requests after that point may be denied and will not be considered for any item sold more than 30 days from the date the refund is requested. Bontrager Real Estate & Auction Service reserves the right to refuse refund requests for any item that has left the auction site. Refunds are issued by check.

CONDITION REPORTS given by the staff of Bontrager's Auction Service are subjective; while we strive to be honest and thorough, we will not be held responsible or liable for any description errors. Buyers are entirely responsible for inspecting items before bidding. If previews are not available, bidders should contact the auction company for more information.

QUANTITY: If a lot shows a quantity (e.g. "x 5), your bid amount will be multiplied by that number. No refunds will be given for failing to read quantities. 

LIABILITY LIMITS: Bontrager Real Estate & Auction Service and its staff is not responsible or liable for missed or failed absentee/left bids, phone bids, or internet bids.


PAYMENTS & FEES

AUTOMATIC CHARGES: Payment is due in full at the close of the auction without exception. The credit/debit card on your Hibid profile is charged automatically as soon as all online auction lots close. Accepted cards are Visa, MasterCard, Discover, and American Express. Payments not completed within 48 hours of the auction close are considered abandoned bids and are subject to disposal or resale. Repeated failure to pay within prescribed time frames may affect a bidder's ability to participate in future auctions. Chargebacks are not accepted. 

PAYMENT DISPUTES: By paying with credit or debit card, the purchaser agrees not to initiate a chargeback or payment dispute for a legitimate transaction. Payment disputes should be brought to the auction company first for resolution. 

ALTERNATE PAYMENT: If your payment fails, you will receive a secure payment link via email/text. Cash and checks are not accepted at the pickup. 

-BUYER'S PREMIUM AND SALES TAX: All sales are subject to applicable sales tax and 15% buyer's premium. The buyer's premium is paid to Bontrager Real Estate & Auction Service.


FEES

LATE PAYMENT FEE: $35 fee for payments more than 5 business days after the auction ends. 

RETURNED PAYMENTS: Any payment denied due to insufficient funds is subject to an additional fee of $35. 

AUCTION STORAGE FEES FOR LATE PICKUP: $10 for the first 5 days, $5 per day thereafter, to be automatically charged to the buyer's card on a weekly basis. 

ABANDONED ITEMS: (Lots or partial lots left at a pickup site for any reason.) A minimum of $20, plus the cost of disposal, will automatically be charged to the card on file.

TRANSPORTATION OF PURCHASES TO AUCTION HOUSE FROM AUCTION SITE FOR ALTERNATE PICKUP OR SHIPPING: $40 per hour, prorated based on size/volume/time, with a $5 minimum, automatically charged to your card. 

DISPOSAL: $10 disposal fee for buyers who want only partial lots (for pickup or shipping). 

PACKING MATERIALS: Boxes provided by the auction company at the pickup site are subject to a fee of 50 cents per box. 


SALES TAX EXEMPTION

BUYER'S RESPONSIBILITY: You must have correct, complete tax exemption paperwork on file one hour before the auction closes, or you will be charged sales tax. 

NO POST-AUCTION REFUNDS: The auction company will not issue sales tax refunds after closing the auction. If you miss the deadline, you must file a claim directly with the state.

FORM REQUIREMENTS: NYS forms ST 120, ST 125, etc must be updated with this auction company at least annually. The top of the form must exactly match your DBA or farm name. The bidder's name and owner of entity must both sign and print at the bottom. 

HOW TO SUBMIT FORMS: Email scanned PDF copies to [email protected] up to one hour before the auction starts closing. Text or emailed photos will not be accepted if they don't print clearly.


TECH ISSUES

INTERNET SERVICES: Bontrager Real Estate & Auction Service will not be held responsible for any interruption in internet service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted, or error-free service or use of the site. By bidding with our company, you are accepting that this auction is conducted electronically and relies on hardware and software that may malfunction without warning.


MERCHANDISE PICK UP

DATES AND TIMES of merchandise pick up are stated within the details of each auction. Buyers are responsible for picking up within the time frames listed for the auction. Any variation resulting in late, early, or alternative pickup or payment will incur additional fees for removal and storage (see the "Fees" section).  

LOADING MERCHANDISE: Buyers are expected to load their own merchandise. Bontrager Auction Service will not be responsible for damage to vehicles or merchandise if buyers choose to have the auction company load their merchandise. 

LATE OR ALTERNATIVE PICK-UP: Alternative pick-up arrangements are subject to auctioneer approval before the auction ends. Bontrager's Auction Service is not liable for any damage to property left on the auction premises after the auction, whether or not payment has been made. Buyers must take the entire purchased lot. In some cases, alternate pick-up is not available, and lots that are not picked up will be forfeited without refund. 

FORFEITED MERCHANDISE: Buyers forfeit merchandise left 7 or more days after the auction has closed, whether or not it has been paid for. Items not picked up on the dispersal date (with no arrangements made with the auction company) are also considered forfeited. Such merchandise is subject to sale without notice, regardless of the buyer's intent to pick it up at some future date. The proceeds of the sale are paid to Bontrager Real Estate & Auction Service, and the buyer is not eligible for reimbursement. 


SHIPPING POLICY

SHIPPING FEES: Buyer pays all shipping fees, including packing time and materials, shipping cost, insurance, signature confirmation, and any tax or duty associated with shipping outside the USA. 

SHIPPING AVAILABILITY: The auction company does not automatically ship every lot. Each lot has a "Shipping Available" or "No Shipping Available" icon. In the event that Bontrager Auction agrees to ship an item described in the auction with "no shipping", Bontrager Auction will not be responsible for damages from any part of the packing or shipping process, nor will Bontrager Auction submit an insurance claim or refund on behalf of the buyer.  


FIREARMS, MUZZLELOADER, AND AMMUNITION

Bontrager Real Estate & Auction Service is a Federal Firearms Dealer and licensed by NY State for pistol sales. 

BACKGROUND CHECKS: All firearm, muzzleloader, and ammunition purchases require a NYS Background Check unless the purchaser has a valid Federal Firearms License. 

SHIPPING: In compliance with NY State Law, all firearms, muzzleloaders, and ammunition must be shipped to a Federal Firearms Licensee chosen by the buyer. 

Bontrager Real Estate & Auction Service does not sell firearms or ammunition outside the United States. 


FIREARMS/AMMUNTION TERMS, CONDITIONS & PURCHASE REQUIREMENTS

WE COMPLY WITH FEDERAL AND NEW YORK STATE LAWS REGARDING THE TRANSFER OF FIREARMS AND AMMUNITION.


-LOCAL FIREARMS PURCHASERS

MUST PASS A NYS BACKGROUND CHECK, WHICH WILL TAKE PLACE DURING THE SCHEDULED PICK UP TIMES BY THE AUCTION STAFF AT A COST OF $9.00. 

- A DRIVER'S LICENSE WITH PHOTO ID AND CURRENT ADDRESS IS REQURED (LONG GUNS & HAND GUNS), PLUS A PISTOL PERMIT (HAND GUNS). PURCHASERS OF SEMI-AUTOMATIC RIFLES MUST PROVIDE A DRIVER'S LICENSE AND PISTOL PERMIT WITH SEMI-AUTOMATIC CERTIFICATION (WHICH CAN BE OBTAINED AT YOUR COUNTY CLERK'S OFFICE).  

-PURCHASERS MUST PROVE THEY ARE 21 YEARS OR OLDER TO PURCHASE HANDGUNS AND 18 YEARS OR OLDER TO PURCHASE LONG GUNS. 

-SOCIAL SECURITY NUMBER IS REQUIRED FOR NYS BACKGROUND CHECKS. 


-OUT OF STATE BIDDERS 

-WE ARE REQUIRED TO FOLLOW NEW YORK STATE LAWS REGARDLESS OF WHAT THE LAWS ARE WHERE THE PURCHASER RESIDES. 

-FIREARMS AND AMMO MUST BE SHIPPED TO THE FEDERAL FIREARMS DEALER OF THE PURCHASER'S CHOICE, WHERE THEY WILL COMPLETE A FEDERAL BACKGROUND CHECK. (CURIOS & RELICS LICENSE IS NOT SUFFICIENT FOR THIS REQUIREMENT.)

-BEFORE WE CAN SHIP FIREARMS OR AMMUNITION, THE FFL WE ARE SHIPPING TO MUST PROVIDE US WITH A COPY OF THEIR FEDERAL FIREARMS LICENSE.

-FFL LICENSES CAN BE EMAILED TO [email protected] AFTER THE AUCTION CLOSES. 


-IT IS ILLEGAL TO PURCHASE A FIREARM FOR SOMEONE ELSE. CREATE YOUR OWN BIDDING ACCOUNT AND DO NOT BID ON FIREARMS FOR ANOTHER PERSON. YOUR BIDDING ACCOUNT SHOULD BE IN YOUR NAME AS STATED ON YOUR LEGAL IDENTIFICATION DOCUMENTS. WITHOUT EXCEPTION, THERE IS A $5 FEE FOR OUR TIME TO TRANSFER LOTS FROM ONE PERSON'S RECEIPT TO ANOTHER PERSON'S RECEIPT, OR TO CORRECT THE NAME ON A RECEIPT. THE RECIPIENT OF THE FIREARM MUST PASS THE BACKGROUND CHECK. 

-DEALERS MUST PRESENT A CURRENT, VALID COPY OF THEIR FEDERAL FIREARMS LICENSE IN ORDER TO AVOID SUBMITTING TO A BACKGROUND CHECK. IT IS YOUR RESPONSIBILITY TO PROVIDE THIS- DO NOT ASSUME WE HAVE IT ON FILE. 

-BUYERS MUST PICK UP THEIR OWN FIREARMS AND AMMUNITION OR HAVE THEM SHIPPED TO A FEDERAL FIREARMS DEALER, WHERE THEY WILL SUBMIT TO A BACKGROUND CHECK. FIREARMS AND AMMUNITION CANNOT BE PICKED UP FOR SOMEONE ELSE. 

-A BACKGROUND CHECK WITH A "DELAYED" STATUS WILL RESULT IN A DELAY IN RECEIVING THE ITEM UNTIL ALL STATE AND FEDERAL REQUIREMENTS HAVE BEEN MET. (IN NYS THIS INCLUDES A 30 DAY WAIT AND ANOTHER BACKGROUND CHECK AFTER THE 30 DAYS HAS PASSED.)

-A BACKGROUND CHECK WITH A 'DENIED" STATUS MEANS THAT THE SUCCESSFUL BIDDER WILL NOT BE ALLOWED TO TAKE POSSESSION OF THE FIREARM AT ANY TIME. THE FIREARM WILL BE SOLD IN A FUTURE AUCTION, BUT THE DENIED CUSTOMER WILL NOT BE ALLOWED TO BID ON IT. THERE WILL BE NO REFUNDS OR EXCHANGES FOR THE TRANSACTION.  


FIREARMS ARE SOLD AS-IS. THE LISTING IS BELIEVED TO BE ACCURATE BUT BIDDERS ARE ENCOURAGED TO REQUEST ADDITIONAL INFORMATION OR ARRANGE AN INSPECTION PRIOR TO BIDDING. IT IS THE RESPONSIBILITY OF THE BUYER TO SATISFY ANY QUESTIONS THEY MIGHT HAVE REGARDING CONDITION PRIOR TO BIDDING. 


AMMUNITION PURCHASE REQUIREMENTS

-LOCAL PICK UP OF AMMUNITION: NYS BACKGROUND CHECK IS REQUIRED FOR WHICH A DRIVER'S LICENSE IS NEEDED. BONTRAGER AUCTION CHARGES $3.00 FOR AMMO BACKGROUND CHECKS.  

-THIS AUCTION COMPANY WILL SHIP AMMUNITION ONLY TO FEDERAL FIREARMS LICENSEES IN ORDER TO FULFILL NY STATE LAW, REGARDLESS OF WHAT THE REQUIREMENTS ARE IN YOUR LOCALITY. 

-DUE TO NY STATE LAW, AMMUNITION PURCHASER INFORMATION, REGARDLESS OF THEIR STATE OF RESIDENCE, IS PLACED IN A LOG BOOK THAT STATE AND FEDERAL AUTHORITIES HAVE ACCESS TO REVIEW. THE INFORMATION INCLUDES NAME, ADDRESS, DATE OF BIRTH, OCCUPATION AND AMMUNITION PURCHASED. 


BLACK POWDER PURCHASE REQUIREMENTS:

-BUYERS OF BLACK POWDER FIREARMS ARE REQUIRED TO PASS A NYS BACKGROUND CHECK BEFORE THE FIREARM CAN BE TRANSFERRED. THIS IS A REQUIREMENT OF NEW YORK STATE AND WILL NOT BE WAIVED FOR OUT OF STATE BUYERS.

-BLACK POWDER FIREARMS WILL ONLY BE SHIPPED TO A FEDERAL FIREARMS LICENSEE, REGARDLESS OF THE BUYER'S STATE OF RESIDENCE OR LOCALITY REQUIREMENTS, DUE TO NY STATE REQUIREMENTS.  

*BONTRAGER REAL ESTATE & AUCTION SERVICE WILL NO LONGER HOLD FIREARMS INDEFINITELY WHILE BUYERS FULFILL THE REQUIREMENTS TO PURCHASE. THERE IS A 2 WEEK LIMIT ON ANY HOLDS OF ANY KIND FOR ANY REASON. AFTER 2 WEEKS, THE ITEM WILL BE RESOLD. REFUNDS WILL BE LIMITED TO THE PRICE REALIZED AT RESALE PLUS COMPENSATION FOR STAFF TIME TO RE-CATALOG THE ITEM.