Powell Estate 

Absolute online auction

Aug 14 @ 6pm

 PERSON REGISTERED IN AUCTION WILL BE PERSON REQUIRED TO DO BACKGROUND CHECK

All Federal Firearms rules apply.

Credit card on file will be charged for full invoice, including 16% buyers premium & TN state sales tax, upon completion of auction. 

A 3% discount will be given for cash or check presented as payment when you complete background check and your credit card will be refunded.

BY SIGNING INTO THIS AUCTION YOU AGREE TO ALL TERMS & CONDITIONS OF THIS AUCTION.

*just because you do not read this, does not excuse you from paying for & picking up items you purchase at this auction

*Everything will be sold As-Is Where-Is; without guarantee or warranty expressed or implied.  All sales are final! NO REFUNDS!

*Your full invoice will be charged to the credit card on file upon completion of auction.  If you would like to pay by cash or check upon completing background check, your card will be refunded.  

*16% online buyers premium

*9.75% TN sales tax.  Under Tennessee tax laws and regulations, there is currently no exemption unless you have a valid resale tax exemption certificate.  Agricultural exemptions do not apply for firearms.

*For EK Auctioneers firearm auctions, you must be at least 21 years old to purchase ANY FIREARM. Tennessee residents will need to complete an ATF form 4473, and a TICS background check with a $10.00 fee will be performed at our place of licensure, 1234 HWY 68 Sweetwater TN 37874. PERSON REGISTERED IN THE AUCTION AS BIDDER WILL BE THE PERSON WHO MUST COMPLETE FORMS AND PASS TICS BACKGROUND CHECK TO TAKE POSSESSION OF FIREARM. If your background check is denied, your firearms will be reconsigned for you in our next auction.

 ****OUT OF STATE PURCHASERS::: FFL licenses can be mailed to our location at 1234 HWY 68 Sweetwater TN 37874, or emailed to sarah@EKauctioneers.com. Guns will be shipped to a designated FFL gun dealer that will handle the transfer for you.  Shipping will be paid for by buyer, including a $10 per item handling charge and all shipping charges (shipping, signature and insurance). Guns will be shipped within 4 days of receipt of FFL licensee destination. Please contact EK AUCTIONEERS LLC at (865) 607-6698 and inform them how you will handle the transfer of your gun purchase. 

*no handguns can be picked up from out-of-state buyers.

*removal dates & times Tuesday Aug15 - Friday Aug 18 from 9am-5pm.  Deadline to complete background checks is Aug 18

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 No items will be removed until full settlement been made.

Everything will be sold As-Is Where-Is; without guarantee or warranty expressed or implied. Items become the sole responsibility of purchaser. All sales are final!

BIDDER CONTRACT: In order to bid at this auction you must meet registration requirements. By registering and obtaining a bidders number you are demonstrating that you fully understand, accept and agree to all conditions and terms set forth for this auction, whether in writing or implied verbally.  

BUYER RESPONSIBILITY: From the moment auctioneer deems items sold, it becomes the sole responsibility of buyer. Reasonable care will be made by auction company to safeguard purchases, but in the event of theft, vandalism, accidental, or purposeful damage, negligence and/or and Act of God, Buyer agrees to hold auction company harmless.  

WARRANTY: All information contained herein is true and correct to the best of auction company's knowledge, but it is in no way guaranteed as to the accuracy of description made. Every items sold 'as is where is' without warranty as to usefulness or merchantability. Bidder/Buyer has opportunity during inspection days prior to auction to inspect or have inspected by third party all items contained in this auction. 

FIREARMS BUYERS NOTICE:  BEFORE BIDDING, please review the laws of your state to ensure that the firearm is acceptable in California. Any items won that cannot be shipped to California, will still require payment and have to be re-consigned for resale in the next available auction. Firearms have not been test-fired by EK AUCTIONEERS,LLC  Buyer is solely responsible for the functionality and safety of their purchases. Onsite pick up: Firearms/frames/receivers purchases will not be released until buyer passes a TICS background check. The cost of the transaction, pass or deny, is $10. In the event that TICS denies a background check, Buyer may file an appeal with the State of Tennessee. As a result of the passage of the Bipartisan Safer Communities Act (BSCA) of 2022, background check results for persons between the ages of 18-20 will be delayed up to 10 business days after submission. Please visit https://nicsezcheckfbi.gov for further information. If an appeal results in a 'Conditional Proceed', EK AUCTIONEERS reserves the right to not release firearms/frames/receivers. Buyer may submit a new background check after the original 30 day wait period is complete. Buyer is responsible for the cost of each background check. If an appeal results in 'Denied', EK AUCTIONEERS,LLC  will not refund the purchase and/or background check fee(s). Buyer may choose to re-consign won firearms/frames/receivers with no reserve; standard sales fees will apply. If Buyer does not choose to re-consign, items will be considered forfeit with no refund. Shipping: Firearms, frames, receivers, and ammunition (in applicable states) must be shipped to an FFL (Federal Firearms License) holder. Buyer is responsible for providing a copy of the FFL prior to shipment. FFLs can be emailed to: sarah@ekauctioneers.com. Items will be shipped within 14 business days of customer confirmation of shipment address. FFL shipments will be shipped within 14 business days of FFL verification. Each firearm/frame/receiver in a shipment is subject to a $10 handling fee. Firearms, frames, and receivers will be shipped for the cost of postage and insurance. If multiple firearms are purchased, items can be packed and consolidated to reduce shipping costs. Hazmat shipments are subject to a minimum hazmat charge of $70 per package (includes hazmat fee and hazmat packaging) + the cost of shipping. (Price not controlled by EK AUCTIONEERS.) No straw purchases. Section IV: Additional Terms & Conditions All property is sold 'As Is, Where Is'. Statements, conditions, descriptions, weights, and measures on or about items are provided in good faith and only matters of opinion. Neither EK AUCTIONEERS, LLC nor the Consignor/Seller make no guarantees and/or warrantees, expressed or implied about the merchantability of items and/or fitness for a particular purpose. Conditional Sales: EK AUCTIONEERS, LLC will contact the Seller with the High Bid. The Bidder will be notified of the Seller's decision by close of business on the day of the auction. Conditional Sale bids that have been accepted by the Seller are considered winning bids and cannot be retracted. Reconsignment: Lots are eligible for reconsignment if all of the following criteria are met: 1. The winning bid amount is a minimum of $50 per lot; 2. The item(s) is located at Compass' facility (no offsite reconsignments will be available); and 3. A EK AUCTIONEERS staff member has provided authorization to reconsign the item(s) and a consignment form is fully executed by the buyer. Bidder acknowledges having inspected the property, whether in person or online, and to be satisfied with the same prior to bidding. Bidder is solely relying upon their own expertise when choosing to make a purchase. EK AUCTIONEERS, LLC has attempted to provide the correct item description and/or pictures, however any errors or omissions in any provided format, description, or picture does not affect/void the sale in any way. All announcements made by Auctioneer at/during the auction will take precedence over previous printed materials, website, or other statements and/or descriptions made. California residents:  ALL items MUST be shipped to an FFL dealer.

EK AUCTIONEERS,LLC. and its Employees act merely as agents for sellers. All auctions are with reserve unless specifically stated otherwise. Reserves, if any, ARE NOT disclosed unless advertised as 'ABSOLUTE.'  Auctioneers at their discretion may place a reserve bid on behalf of the seller.  All final bids are subject to the seller's confirmation. Only the top bidder will be contacted as to the status of his/her bid. While the information we provide on item(s) is deemed correct, no warranties are expressed or implied as to any items being sold and you agree to purchase and accept the item in an as-is condition. Information on items is obtained by us from the sellers and you hereby agree to hold harmless  EK AUCTIONEERS, LLC and their Employees for any errors or omissions regarding the item(s) being sold. This information includes but is not limited to year, model, machine or engine hours, physical condition, options, features and other data pertinent to the value of the item. ALL ITEMS ARE SOLD AS-IS WHERE-IS unless specific factory or seller issued warranties are listed in the item description.

You acknowledge that you have the right and responsibility to inspect the item(s) personally, or to have a third party representative inspect the item(s) for you. That by bidding on an item you have agreed to accept that item in its present condition at its present location and with the description provided whether accurate or not. 

Timed Online only Auction Close. Timed online auctions will begin to close on the date and time listed. Lots will remain open until no bids have been placed within the last 2 minutes. Timed online auctions normally close at a rate of one lot per minute. EK AUCTIONEERS,LLC  reserves the right to close multiple lots per minute at their discretion. Upon your accepted bid of an item, that item shall immediately become your responsibility and be at your risk (whether you have paid for that item or not). You agree that EK AUCTIONEERS,LLC . its employees, and their sellers are not responsible for lost, stolen or damaged items and will not reimburse or discount items for any type of loss. Buyers are responsible for any costs incurred to prepare their item(s) for transport and/or shipping. This includes but is not necessarily limited to the cost of any rigging, disassembly, special loading requirements, transport, packaging, insurance and all other costs related to physical transfer of their item(s). You agree to remit payment and remove from the auction property any purchases within the stated time for the auction being conducted. You further understand and agree that failure to remove items in the stated time for the auction will subject you to moving and storage fees unless arrangements have been made with the seller. 

When using our online auction services you are making firm commitments to purchase said item(s) and are entering into a legal and binding contract. Bids may not be cancelled or retracted for any reason. Non paying bidders or fraudulent bidding will subject you to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. You also acknowledge that the Internet may be an unreliable and error prone network. EK AUCTIONEERS,LLC will not guarantee that bids placed online will always be transmitted to or received by the auctioneer in a timely fashion. You agree to hold EK AUCTIONEERS,LLC and their employees harmless for any interruptions in online bidding. Further, the auctioneer has the sole discretion to accept or refuse any bid. EK AUCTIONEERS,LLC retain the right, at our sole discretion, to add, delete or change some or all of our online services and the terms and conditions governing their online auctions at any time without notice.

ABANDONMENT POLICY

EK AUCTIONEERS, LLC provides this Abandonment Policy to inform you of our policies and procedures regarding any purchased item(s)/property that has not been removed by a buyer in a timely manner. Upon winning the bid for an item(s), after paying for item(s) purchased, a buyer is obligated to remove the item(s) from the auction site within a timely manner.

EK AUCTIONEERS,LLC may deem a buyer's failure to claim and remove equipment within 45 days following the close of an auction as evidence of buyer's intention to abandon the property. In these instances, EK Auctioneers,LLC may take action that is adverse to buyer's interest in the property, including, but not limited to steps to dispose of the property. Disposition of property may include a variety of approaches based upon the buyer's purchase price of the property as follows:

1) For those items with a final selling price of $5,000 or less, EK AUCTIONEERS,LLC will determine the appropriate disposition approach which may include:

a. Removing and disposing as the company sees fit.

b. Allowing seller to retain or scrap.

c. Sell the item(s), whereby EK Auctioneers,LLC  will remit the sales proceeds to the buyer, less selling and advertising expenses, storage costs, plus 20% administrative fee.

2) For those items with a final selling price of greater than $5,000, EK AUCTIONEERS,LLC may remove the item from the selling location and resolve as follows:

a. EK Auctioneers,LLC may reimburse the seller on the buyer's behalf for storage fees of $25 per day, with the total amount not to exceed $1,500.

b. Sell the item(s), whereby EK AUCTIONEERS,LLC will remit the sales proceeds to the buyer, less selling and advertising expenses, storage costs, plus 20% administrative fee.

If a buyer has not removed the purchased item(s) from selling location within 8 business days after the close of the auction with the winning bid, the buyer will be responsible for directly paying the EK Auctioneers any and all storage fees. If levied by EK Auctioneers , storage fees will be $25 per day beginning the 10th day after the close of the auction/winning bid.

 All information contained in descriptions in catalog and Internet are made with auction company's knowledge and information, but are not guaranteed. Bidder/Buyer assumes all responsibility to determine the correct information, including but not limited to kind, age, year, model condition, make, serial number, etc.  

No sale shall be invalidated by inaccuracies, defects, 
damaged goods, or incorrect descriptions.

By logging into EK Auctioneers LLC website and accepting these terms of the auction, YOU ACKNOWLEDGE READING THESE TERMS AND AGREE TO ABIDE BY ALL OF THESE TERMS.

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FAQ

Section III: Firearms, Frames, Receivers, & Ammunition Bidder acknowledges and assumes responsibility for adhering to Federal Firearms laws and those set forth in his/her State of residence and agrees to bid accordingly. EK AUCTIONEERS,LLC will not be held liable for purchases in violation of a respective State's law or Federal law, nor will any refunds be given.

buyers will not take possession of firearms until an approval of TICS background check

Removal will be Tuesday Aug15 - Friday Aug 18 from 9am-5pm