SMITH & WESSON 38 SPL 36 40125 REVOLVER

Terms & ConditionsBy registering to bid on the internet, you acknowledge that you have read & understand the terms and conditions for this auction.For all purchases, a 15% buyer's premium will be added to the bid to establish the final price. For example, a bid of $100 will be assessed a $15 buyer's premium, creating a contract price of $115It is the buyer's responsibility to have any firearms inspected by a certified gunsmith before firing. L.W. Benton Company, Inc. has made no attempts to test theseitems.BE SURE THAT THE ITEM YOU ARE BIDDING ON IS ALLOWED IN THE JURISDICTION THAT YOU LIVE IN. EVERY STATE AND CITY/COUNTY HAS ITS OWN LAWS. WE ARE SELLING ITEMS THAT ARE ALLOWED IN GEORGIA. IF YOU ARE THE SUCCESSFUL BIDDER AND AN ITEM CAN NOT BE SHIPPED TO YOU IT WILL HAVE TO BE PAID FOR AND RESOLD AT A LATER DATE.MOST OF THESE FIREARMS ARE USED- BEFORE FIRING ANY FIREARM IN THIS AUCTION HAVE IT CHECKED OUT BY A QUALIFIED GUNSMITH!ATTENTION !!!!!Firearm Terms: As a FederallyLicensed Firearms Dealer, L.W. Benton Company (LWBC) is required to ensure that bidders who purchase a firearm are legally allowed to do so through a FBI NICS background check. If a bidder doubts his or her ability to pass a NICS check, it is highly recommended that he or she NOT BID on a firearm. High bidders must take possession of purchased firearms in person at LWBC's Macon facility or at another Federal Firearms Licensed (FFL) location. High bidders will be required to pay the full amount due on their firearm BEFORE the NICS check is run. In the event that a high bidder fails the NICS check, he or she will not be allowed to have the firearm transferred to their possession, nor can it be transferred to another individual. Instead, LWBC will hold the firearms, at their discretion, until the next suitable opportunity to auction or sell the firearms. High bidders who fail the NICS check will be charged a Thirty-Dollar ($30) re-stocking fee per firearm, as well as regular Seller,s fees when the firearm is auctioned again. These fees, as well as any others,will be deducted from the proceeds of the resale of the firearms. Any remaining proceeds will be paid to the original high bidder as though they were the consignor of the firearm. In the event that a high bidder requests to have a firearm shipped to another FFL, they must first pay the full amount due for the firearm plus any additional shipping costs prior to shipping. If the high bidder should fail his or her NCIS check by this FFL dealer, LWBC WILL NOT REFUND any portion of the purchase price or shipping costs to the high bidder. It will be the discretion of the second FFL dealer as to how he wants to dispose of the firearm. When possible, LWBC will make the effort to retake possession of the firearm and sellit again, per the terms in the paragraph above. Bidders take note:Firearms can only be purchased by the registered bidder, not by another individual, family member or friend. Bidders must be 18 years of age or older on the date of the close of the auction to purchase long guns or long gun ammunition. Bidders must be 21 years of ago or older on the date of the close of the auction to purchase handguns orhandgun ammunition. It is the buyer's responsibility to have any firearms inspected by a certified gunsmith before firing. L.W. Benton Company, Inc. has made no attempts to test these items.Bid rejectionL.W. Benton Company, Inc. reserve the right to reject any and all bids from any bidder.Bid RetractionBy placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the bid. If a bidder cannot satisfy the terms of the auction, the bidder should not bid.Assessment of conditionAll bidders, including buyer, should rely solely on personal inspection and not information listed in these items, on the website, or otherwise provided by L.W. Benton Company, Inc. or seller. Any bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity, and size of any items will not constitute grounds for any claim, adjustment, refund, termination of the Auction Contract, or refusal to close the sale.PenaltiesPurchases not picked up in accordance with the removal terms will be forfeit and resold to cover storage fees with no credit given to the original buyer. Buyers accounts will then be turned over to a collection agency for any delinquencies and storage fees yet unpaid.Payment informationPlease contact the office to make payment arrangements. If arrangements are not made with in 72 hours the card on file will be charged.Please note that we have not made any attempts to test any items. The bidder is responsible for inspecting the items themselves. Items may be missing parts. It is our recommendation to inspect each item prior to bidding online or at the live auction. We encourage all winning bidders to have firearms inspected before shooting.Withdrawal of Items From the Auction: L.W. Benton Company, Inc. and/or the Seller reserves the right to add or delete property, reject any bid and/or cancel the sale. Agency Disclosure: In all transactions, the auctioneers are acting as agents for the seller, not as buyer’s agents. Disclaimer: All items are sold “subject to owner confirmation” or “with reserve” unless advertised “absolute.” All information published, announced or contained herein was derived from sources believed to be true and accurate but is not guaranteed by the Seller or L.W. Benton Company. The Seller and their agents reserve the right to place bids on the property up to the seller’s reserve, if desired, at their sole discretion, unless selling absolute. Any and all announcements made at the auction take precedence over all other verbal, printed, announced and/or distributed information. All property is being sold “as is, where is” with no guarantee or warranties. It is the Purchaser’s responsibility to conduct their own due diligence and make their own decision as to the accuracy of all information. WARNING - Explanation of Credit Card Fraud: In order to bid online, buyers must register and create an account at our website, www.BidderOne.com. The credit card is not charged and successful bidders are not required to pay by credit card. However, in the event that a buyer does not make payment arrangements within the specified time or attempts to back-out of the sale by not paying for their items, L.W. Benton Company reserves the right to charge the amount due, plus any sales tax, buyers fees and/or late fees and/or non-payment penalties to the account’s registered card. If, at that time, it is determined that the card is not valid or does not have a sufficient balance to cover the charges, and the bidder or representatives of the bidder knowingly registered with this card, this constitutes “Credit Card Fraud” under Federal and Georgia state law and L.W. Benton Company reserves the right to press criminal charges for such fraud, including the swearing out of an arrest warrant in the county of the bidder’s residence. In addition to any criminal charges, L.W. Benton Company reserves the right to seek civil restitution as well.Legal courses of actionBids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers & L.W. Benton Company, Inc., Affiliated companies, their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (I)the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (II) buyer's use of L.W. Benton Company, Inc.'s website and (III) a dispute with another bidder.ArbitrationFor disputes between buyer and seller or L.W. Benton Company, Inc., that are not resolved by the parties within ten days after any party gives notice to the others of its desire to arbitrate the dispute, the dispute shall be settled by binding arbitration by the American Arbitration Association in accord with its then-prevailing rules. Such arbitration shall be conducted in Macon, Georgia. Judgment upon the arbitration award may be entered in any court having jurisdiction. The arbitrator shall have no power to change the provisions of this agreement. The arbitrator shall consist of one arbitrator, who must be a real estate attorney actively engaged in the practice of law for at least the last five years.If you have any question about a specific item, please call our office at 478-744-0027