Primitive Antique and Guns Absolute Auction

ProTEAM™ Auction General Terms & Conditions

Primitive Antique and Guns Absolute Auction

January 7, 2023 @ 9am

Inspection Day – January 6, 2022, 9a.m. - 4 p.m. (EST) 

ProTEAM™ Auction Order of Sale

Items will be sold in numerical order. It will be at the option of the auctioneer to sell items out of sequence or to divide or consolidate lots.  

ProTEAM™ Auction Terms

A 15% buyer’s premium will be collected from onsite bidders on all items. Payment must be in full sale day by cash (US Funds) wire transfer, cashier’s check, personal or company check if accompanied by a bank letter of guaranty. If unable to provide a bank letter on the day of checkout, we can do a check verification, we hold the items and verify the check the Monday after the sale. Debit/Credit cards are accepted up to $3,500.00 for a 3% convenience fee. Once an item has been sold, it becomes the sole responsibility of the purchaser. No items are to be removed until complete settlement has been made. Settlement can be made at any time during the sale. However, settlement must be made today. The invoice and a paid item receipt will be supplied to the purchaser at the time of settlement. The paid receipt and item ticket will be required in order to remove items from the site. Please make checks payable to ProTEAM™ Auction “All Sales are Final.” OWNER MUST SELF-INSURE FROM THE TIME THAT THE GAVEL FALLS.

ProTEAM™ Auction Registration

By registering as a bidder and/or participating as a bidder at the auction sale, each bidder is bound by the terms and conditions set forth herein and otherwise announced at the time and place of the auction sale and agrees that such terms and conditions are binding on the bidder whether or not the bidder was present and/or heard such announcements. The bidder agrees that the auctioneer is in control of the conduct of the auction sale and has the right to accept or reject any bid by any bidder at the auction sale in the sole discretion of the auctioneer as to whether or not any bid is in conformity with the terms and conditions of the sale as advertised and announced prior to sale. Further, auctioneer may refuse to accept a bid whenever in his sole discretion it is not made in good faith or whenever the bidder appears to be adversely affected by some incapacity or influence at the time of sale. All persons must be registered to bid, and all will be identified by number to facilitate the speed of the auction. Before you leave premise, please settle up at registration trailer.

ProTEAM™Auction Tie Bids

Auctioneer will rule in case of “tie” bid. In the event of a tie bid or any uncertainty as to which bidder placed or offered the last and highest bid at any sale, the auctioneer has a right to resolve any such issue at the time of sale by accepting the bid that the auctioneer believes in good faith was the last, highest, and best bid, or the auctioneer may reopen the bidding, at his sole discretion and option, and such decision shall be final and binding on any affected party or bidder.

ProTEAM™ Auction Sales Tax

All items are subject to state and local tax law. The Tennessee Sales Tax (Jefferson County) is 9.75% on first $3200.00 and 7% for the remainder of the amount above $3200.00. This is calculated on a per item basis, and applies to all sales, unless proper tax exemption forms are completed (i.e.: Dealer Resale Certificate, or Bill of Lading for Export).

*For Tax Exemption:

If you are a Dealer

1)Fax a copy of your business’s Resale Certificate OR Dealer’s Tax Exemption Form to (865) 674-0727 or

2) Go to https://www.tn.gov/revenue/article/forms-sales-and-use-tax and send completed form.

If you are an Exporter,

1)You must hire a Common Carrier to remove your equipment and have them supply Pro Team Auction with a Bill of Lading.

Otherwise, you are subject to Tennessee State Sales Tax of 9.75% under the TN Sales & Use Tax Regulations. We appreciate your patronage.

ProTEAM™ Auction Methods of Payment

All purchases are to be paid in full in U.S. funds on the day of the auction to ProTEAM™ in the form of BANK WIRE, CASH, CASHIER’S CHECK (Company OR Personal checks only when accompanied by a bank guarantee letter for a check over $500). --No exceptions--OR Credit Card up to $3500 with a 3% Convenience Fee. The purchaser shall not be entitled to possession on any part or parts of any of his purchases until the total purchase price of all his purchases has been fully paid. All purchases are to be paid in full in U.S. funds on the day of the auction to ProTEAM™ in the form of BANK WIRE, CASH, CASHIER’S CHECK (Company OR Personal checks only when accompanied by a bank guarantee letter for a check over $500). --No exceptions--OR Credit Card up to $3500 with a 3% Convenience Fee. The purchaser shall not be entitled to possession on any part or parts of any of his purchases until the total purchase price of all his purchases has been fully paid.

ProTEAM™ Auction Removal

Loading may begin as soon as it has been determined to be safe for buyer and others. Buyer is urged to remove items as soon as possible or to self-insure for potential loss. NO LOADING WILL TAKE PLACE ON SUNDAY after the sale. Loading Hours will be on Monday-Wednesday, January 9-11^th, 8:00 a.m.- 5:00 p.m. January 12^th-13^th (BY APPOINTMENT ONLY) --All Items to be Removed by Friday, January 13^th by 3:00 p.m.  NO EXCEPTIONS. No Loading During the Auction Will Take Place Until Deemed Safe by Principle Auctioneer.  

ProTEAM™ Auction Notice to Inspect

Auctioneer presents all information in brochures, catalogs, and other advertisements from sources believed to be accurate. These are not representations of the auctioneer. Therefore, prospective buyers are urged to inspect the items to their own satisfaction. All items are available for public inspection and the foregoing are merely guides. Any condition set forth on any item is in no way a warranty or guarantee - actual or implied.

ProTEAM™ Auction Online Bidding Terms

As-Is. Where is with no warranties implied or expressed. No allowance refund or set aside, will be made on account of any incorrectness, error in cataloging, imperfection, defect or damage by seller or it’s agent ProTEAM™ Auction. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of buyer to have inspected thoroughly the items and to have satisfied himself or herself as to its condition and value. They should then bid based on that judgment solely. All property is sold “As Is,” and all sales are final. Property is open to thorough public inspection. It is the bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. ProTEAM™ Auction may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall ProTEAM™ Auction be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole Judge of Value. Bidders who bid from off site and are not present at the live auction or preview 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. ProTEAM™ Auction shall endeavor to describe in detail each item and any pertinent information about it. ProTEAM™ Auction will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold “As Is” and that they may not return any item they purchase. ProTEAM™ Auction is providing Internet pre-auction and live bidding as a service to bidder. Bidder acknowledges and understands that this function may or may not function correctly the day of the auction. Under no circumstances shall bidder have any kind of claim against ProTEAM™ Auction or anyone else if the Internet service fails to work correctly before or during the live auction. ProTEAM™ Auction will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the ProTeam Online Bidding Platforml feature and leave their maximum bid 24 hours before the auction begins. ProTEAM™ Auction reserves the right to withdraw or re-catalog items in this auction. Payment for your purchases should be made within TWO (2) days if Bidding Online. If payment is not made when you bid online by Tuesday, JANUARY 10^TH,  2023 by 4pm you will be reported to the online bidding platform as a non-paying bidder. The items will not be released for pickup until we have received payment in full. All Internet bidders who fail to make payment on these Internet purchases within TWO business days will be BANNED & REPORTED  as a “Non-Paying Bidder” and will be prohibited from registering for any additional Internet auctions until payment is rendered. Our payment options are Cash, Check (ONLY when accompanied by a Bank Letter of Guarantee). NO EXCEPTIONS or Certified check, wire transfer. A wire transfer fee of $15 is required when using this payment option. International Wires are $75. 

ProTEAM™ Auction Safety Devices

Articles purchased may not incorporate approved activating mechanisms, operating safety devices, or safety guards as required by law. It is purchaser’s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.

ProTEAM™Auction Warranties

Except for the representations and warranties of seller as to title to the vehicle(s) shall be sold to buyer by seller “As Is, Where is” without any other representations and warranties, whether written, oral, or implied, and seller shall not by virtue of having sold the vehicle(s), be deemed to have made any representation or warranty as to the merchantability, fitness for a particular purpose, operability, design or condition of, or as to the quality of the material or workmanship in the vehicle(s) - all of which are expressly disclaimed. Seller shall not be liable, in contract, tort, or otherwise (including strict liability) due to any manufacturer’s defect or other defect, whether hidden, latent, or otherwise discoverable or no discoverable respecting any vehicle(s). Buyer acknowledges that seller did not select, manufacture, or supply the vehicle(s) and that buyer has made the selection of the vehicle(s) based upon its own judgment and expressly disclaims any reliance on statement made by seller or its agents.

~Thank you for attending our  

ProTEAM™ Auction~ 

Please attend our upcoming equipment auctions at our  

permanent facility LIVE & ONLINE in  

White Pine, TN: 

Equipment Consignment Sale, February 2.3.4, 2023 White Pine, TN

Smokey Mountain Farms Reduction Sale, February 18, 2023  Newport, TN 

Donna Jones & Late Ron Jones Private Collection, February 24 & 25, 2023  55 Marley Drive, Greeneville, TN

If you would be interested in having an auction at your site or ours, please give us a call for a confidential consultation.

ProTEAM™Auction Contacts

Tad Russell

Auctioneer/Auction Manager

865-279-3413, tad@proteamauction.com

Eli Hostetler

Auctioneer/Yard Manager

865-712-3295, eli@proteamauction.com

Paige Phillips

Chief of Operations

865-674-7002, paige@proteamauction.com

PRO TEAM AUCTION COMPANY, LLC

TERMS AND CONDITIONS OF SALE (“TERMS AND CONDITIONS”)

1. By clicking the “Agree – Join Auction” button or signing the Bidder’s Registration Agreement, as applicable, you, as “Bidder”, accept that these Terms and the site-specific terms as printed in the catalog or noted in the online listing and the local auction site landing page, as applicable, constitute the entire agreement between you and ProTEAM Auction Company, LLC (“ProTEAM Auction”) (“us” or “we”) regarding the use of our bidding services with respect the auction and your on-site or online participation in the auction.  Upon acceptance, we grant you the right to bid at the auction.  We reserve the right to refuse any applicant the privilege of bidding, and we may revoke such privilege at any time.  You acknowledge that: (a) we act as an agent of each consignor (collectively, the “Consignors”); and (b) the privilege to bid at the auction is being granted in reliance upon the representations, limitations, exclusions and disclaimers described in these Terms and those elements form an essential basis of the agreement between the parties.  These Terms will survive and continue to apply in the event we suspend or revoke your right to attend or bid at the auction.
2. The auction will be conducted by offering the items by lot (“Lot”), either individually or in groups.  The highest bidder whose bid we accept shall be the purchaser and no purchaser shall retract its bid.  All sales are final.
3. You, whether acting as principal, agent, officer or director of a business entity or otherwise, in any capacity whatsoever, and the business entity you represent, both JOINTLY AND SEVERALLY agree: (a) to indemnify and save us and our Consignors harmless from any and all causes of action and losses arising from your, your employees or other representatives’ attendance at the auction site, inspection of items or taking part in the auction; (b) to be responsible for the payment of the purchase price and taxes, due on all of your purchases, regardless of whether you remain in possession of your assigned bidder number or not; (c) that all rights and defenses available to us hereunder shall extend to the Consignor.
4. We may, at any time, without notice or liability to you: (a) withdraw or cancel the sale of any Lot, (b) extend the bidding deadline for Lots, or (c) offer any Lots in groups or with privilege.
5. You acknowledge that we cannot guarantee the continuous or secure operation of, or access to, our mobile, web-based bidding platform and applications, or our timed auction lot terminal hardware.  Our servers, computer or communications components and systems, or certain application functionality, are subject to failures, outages and delays beyond our control.  We will not be held liable for any claims or alleged losses arising out of or relating to any of the foregoing events.
6. You shall no, directly or indirectly, bid on any Lot: (a) of which you are the Consignor or associated of the Consignor; or (b) on behalf of any other person who is the Consignor or an associated of the Consignor of such Lot.
7. THERE SHALL BE NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE OF ANY NATURE WHATSOEVER IN RESPECT OF THE LOTS OFFERED AT THE AUCTION.  EACH AND EVERY LOT WILL BE SOLD “AS IS, WHERE IS”.  SPECIFICALLY, BUT WITHOUT LIMITATION, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY OF THE LOTS: (A) CONFORM TO ANY STANDARD IN RESPECT TO SAFETY, POLLUTION OR HAZARDOUS MATERIAL OR TO ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION, OR (B) ARE FIT FOR ANY PARTICULAR PURPOSE, OR (C) ARE MERCHANTABLE OR FINANCEABLE, OR (D) ARE OF ANY PARTICULAR AGE, YEAR OR MANUFACTURE, MODEL, MAKE OR CONDITION, OR (F) ARE IMPORTABLE INTO ANY PARTICULAR COUNTRY OR THAT ALL THE SUPPORTING DOCUMENTATION IS PRESENT, YOU AGREE THAT YOU HAVE SATISFIED YOURSELF AND ARE NOT RELYING ON US, NOR ARE WE LIABLE, FOR ANY MATTER IN RESPECT OF THE ABOVE.  YOU FURTHER AGREE TO REPAIR, AT YOUR COST, ANY LOT PURCHASED AT THE AUCTION TO A SAFE OPERATING CONDITION AND, WITHOUT LIMITATION, TO A CONDITION WHICH MEETS ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION INCLUDING THOSE CONCERNING ANY USE TO WHICH THE LOT MAY BE PUT.

9. We shall settle any dispute arising as to any bidding and we may put the Lot in dispute up for sale again.  We reserve the right to set bidding increments for each Lot and to refuse any bid which does not meet the applicable bidding increment.
10. Purchases become the responsibility of and shall be and remain at your risk immediately upon acceptance of your bid.  It is your responsibility to insure your purchases immediately.  We shall not be responsible for any loss or damage to any Lot.
11. Each purchased Lot will be subject to a buyer’s premium of ten percent (10%) on the ground, twelve percent (12%) online.  A payment must be made on the day of sale by cash (U.S. funds), wire transfer, cashier’s check, or personal or company check if accompanied by a bank letter of guaranty.  Debit / Credit cards are accepted up to USD 3,500 for an additional three percent (3%) convenience fee.  
12. Any outstanding balance must be paid at completion of the auction.  We may apply any payment or deposit received from you or your affiliates towards any outstanding amounts otherwise due and owing to us or our affiliates in connection with any purchases, deficiencies or services rendered.
13. You shall not be entitled to possession of any of your purchases until the total purchase price of all of your purchases have been fully paid including all applicable taxes.  In the event you fail to pay the full amount due on any Lot within the prescribed time or fail to comply with any other of these Terms, we shall retain a possessory lien on all of your purchased Lots and have the right to resell such Lots by public or private sale without providing you with notice of any kind.  Should we resell any Lot, the net proceeds therefrom (after deducting commission of: (a) 10% buyer’s premium on all Lots resold; and (b) any costs) shall be credited to your original account and you shall upon demand, pay us, as damages, any deficiency arising from the resale.
14. All purchases must be removed from the auction site within the time announced or posted at the auction site and you shall bear all costs, responsibility and risk of such removal.  We reserve the right to require proof of adequate insurance coverage from you for purchased requiring dismantling, modification rigging or hot cutting.  You agree to indemnify and save both the Consignor and us harmless against any damage caused by your acts.  If for nay reason you fail to remove any purchase within the time specified, the purchase shall be subject to storage charges, as posted at the auction site, and may be deemed abandoned.  In such event, we may resell it per the specified term above, or remove and store the purchase at your sole risk and expense.  You shall be liable for any rent incurred or damages suffered by us because of your failure to remove any purchased Lot.
15. No sale shall be invalidated by reason of any defect or inaccuracy in any of the Lots by reason of their being incorrectly described on our website, catalog or elsewhere and we shall bear no liability in respect of any such fault or errors.  The listings have been prepared as a guide only, based on the information from sources we believed to be reliable and from the Consignor; but we cannot guarantee or warrant their accuracy.  It is your responsibility to inspect all equipment and to make your own inquiries prior to bidding.
16. All necessary documents will, if available, be delivered immediately to you after payment of the full purchase price and will otherwise be mailed within ten (10) banking days of collection of the auctioned Lots.  Availability of documents is subject to provision of the same by Consignor.  Documents provided will be prepared to be effective only in the jurisdiction in which the auction is being conducted.
17. If, for any reason whatsoever, we are unable to make available or otherwise effect delivery of any Lot or clear title to same, or any necessary documentation required in respect of any Lot, whether before or after delivery of such Lot, our sole liability, if any, shall be the return of any monies paid by you to us to purchase such Lot upon return of the particular Lot.  Any Lot for which clear title cannot be provided shall be returned and surrendered to us upon demand.
18. You shall pay interest on overdue amounts at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs we incur.
19. These Terms may not be amended except by mutual agreement.  You may not assign any rights or benefits under this Agreement without our prior written consent.
20. Subject to clause 18, except to the extent of our gross negligence or specific intentional misconduct, and to the maximum extent permitted by applicable law, we and our staff and subcontractors shall not be liable – on whatever legal grounds – for any damages or losses whatsoever (including direct, indirect, incidental or consequential damage of any kind, including loss of revenue, profits, or reputation, or the cost of substituted goods).  If, regardless of the previous sentence, we are found to be liable to you, then our total liability to you for any damages and losses of any nature arising out of or in connection with these Terms, the auction, or our services, shall not exceed USD 1,000.
21. These Terms shall be governed by and interpreted under the laws of the state of Tennessee without giving effect to any of the principles of conflicts of laws.  Any action against Auctioneers arising from or relating to these Terms or any bid or purchase hereunder shall be commenced in the state court for Jefferson County, Tennessee or federal court in Knox County, Tennessee and Bidder irrevocably consents to the exclusive jurisdiction of such courts in all respects.
22. If you claim an exemption based on goods being shipped out of state for use out of state, then the goods must be delivered to and shipped by a common carrier.  You shall arrange for and assume all risks and costs associated therewith.
23. We do not allow participation by any person nor authorize purchases or shipments in violation of applicable export and re-export control laws and regulations.  You represent that you are not restricted by any such requirements from purchasing Lots and that you will not take any actions in violation of these laws and regulations without obtaining prior authorization from the competent government authorities as required by those laws and regulations.  You accept and expressly assume full responsibility for determining licensing requirements and obtaining license authority, as necessary, for the export or import of all Lots purchased.  If you act in a manner that is contrary to any of the foregoing, we and our Consignors do not assume any liability and you cannot claim any indemnity, reimbursement or compensation of any kind arising out of or in connection with such activity.
24. You acknowledge and agree that: (i) the bid amounts, auction pricing and overall results, any data obtained from our catalogs or noted in our online listings or the audio/video associated with an auction (collectively, “Auction Data”) may only be accessed, displayed  and used by you for the sole purpose of your bidding at the auction; (ii) you may not without our express written permission, directly or indirectly, through any means whatsoever, record, capture, store, reproduce, rebroadcast, retransmit, redistribute, or create derivative works from any Auction Data; (iii) we and our licensors own all right, title and interest in and to all Auction Data; and (iv) you shall not repackage, resell or otherwise commercialize or exploit any Auction Data in any manner whatsoever.
25. We collect and use the information supplied by you during the registration process for the purposes of identifying you and your individual representative as the bidder and processing your bids and purchases of items and/or other auction-related services you contract or request us, and/or our affiliates or service providers, to perform or supply or that are necessary to complete your purchases.  If you authorize or where the law permits, ProTEAM Auction will communicate with you by electronic means about the products and services of its multi-channel solutions.  
26. If we are the prevailing party in any dispute, proceeding, or alternative dispute resolution process, related in any way to these Terms, or to the auction, or to any bid or purchase under these Terms or at the auction, we shall be entitled to recover from the adverse party all costs, including attorney’s fees, incurred in connection therewith.

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Special Note to Firearm Disclosure for Bidders

Complete Page and Signature --Please provide birthdate and copy of DL

You must have a valid state or federal issued ID to participate in purchase of firearms

1. All Buyers Shall Make Themselves Aware of Firearm Laws Applicable to Their Own State
2. All Federal/State/Local Firearms sale laws shall apply to all the firearms sold at ProTEAM Auction. 
3. Federal Law requires that all firearm transfers sold in auction be completed by a Federal Firearms License Holder (FFL). The designated FFL Holder for ProTEAM Auction is AK PAWN located 1335 W. Andrew Johnson Hwy, Morristown TN 37813, Phone # 423-616-0715. Hours of Operation are 9am-5:30pm (EST). 
4. Handguns- You must be 21 Years of Age to Purchase a Handgun
5. Long Gun- Rifles and Shotguns- You must be 18 Years of Age to Purchase a Handgun

All Firearms will be turned over to AK Pawn the following business day after the sale date. Firearms will be available for pickup the 2^nd Business Day after the Sale Date (Saturday, April 30^th). 

Shipping:

If the buyer is not picking up firearms in person at AK Pawn in Morristown and shipping is required, it is the sole responsibility of the buyer to contact AK Pawn at 423-616-0715 between 9am-5pm (EST) to make shipping arrangements. In most cases firearms must be shipped to buyers designated FFL holder. All Shipping/Handling cost shall be the sole responsibility of the buyers designated FFL Holder. All Shipping/Handling cost shall be the sole responsibility of the buyer and paid to Select Pawn at time of shipping. It is the buyer’s sole responsibility to know and coordinate the shipping requirements from their local jurisdiction. Items will be shipped via UPS, Insured shipping available at buyer’s request

All Guns will remain in possession of ProTEAM Auction at the time of purchase and will be picked up and processed by AK Pawn,  1335 W. Andrew Johnson Hwy, Morristown, TN 37813, 423-616-0715

Cost to transfer ownership:

$25 for First Gun on Firearms

$15 for each additional gun

Service provided by AK Pawn