Hank's Body Shop Legacy: The Herb Gabel Collection | Montana Estate Auction

NATIONAL AUCTION TERMS AND CONDITIONS

IMPORTANT: Your acceptance of these terms is your promise to read and abide By the Condition of Sale as Printed below.

1. GENERAL CONDITIONS OF SALE
While Auctioneer has endeavored to advertise and describe the property correctly, all property is sold "as is," and neither Auctioneer nor consignor will be responsible for the description, authenticity, genuineness, provenance, or condition of the property. No statement contained in the advertisement, catalog or made orally at the sale or elsewhere shall be deemed to be such warranty or representative or an assumption of liability. All buyers should physically inspect the item prior to placing any bids. No bids can be withdrawn for any reason. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneers shall have absolute discretion to either determine the successful bidder, in which event his determination shall be final, or to re-offer and resell the article in dispute. If any dispute arises after the sale, Auctioneer's sale record shall be conclusive as to who was the purchaser, the amount to the highest bid, and in all other respects. If the auctioneer, in his sole and final discretion, decides that any original bid, that any advance thereafter is not sufficient amount, he may reject the same. While most items in the auction will be sold without reserve, the auctioneer withholds the right to bid in behalf of each consignor for the purpose of protecting reserves, that is, placed bids during the auction if and when the highest bid is less than the reserve on the lot being offered. No properties purchased during auction may be removed until paid in full and must be removed on sale day or during the time frame of scheduled pickup times, unless special arrangements have been made prior to placing bids. Auctioneer will not be responsible for lost or damaged merchandise and no refunds will be made if lost or damaged. Unpaid invoices past the scheduled pick up days will be automatically settled with credit card on file. Items left past scheduled pickup days will be considered abandoned and become the property of National Auction. No refunds for abandoned items.

2. LOT DESCRIPTIONS & CONDITION
National Auction offers lot descriptions and condition details as a courtesy to bidders. They are intended to be accurate but represent opinions only, not statements of fact, and do not imply any warranty concerning condition, or any assumption of liability. Lot announcements, listings, photographs, and catalog information are for descriptive purposes only. Plan to inspect the items in person before bidding. It is the buyer's sole responsibility to ascertain, confirm, research, inspect and investigate condition prior to bidding. A physical inspection is encouraged and suggested. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Auctioneer. All items sold as-is where-is with no warranties expressed or implied. Let your inspection be your guide. Failure of a buyer to be fully informed on the condition of an item will not constitute grounds for any claim adjustment or right to cancel sale.

3. PAYMENT

3.1 Accepted Payment Methods
All bidding increments and payments will be in US Dollars (USD). Cash, credit card, Wire Transfer ($10 Fee), or we will accept your personal or Company check accompanied by a current driver's license. All purchases must be paid for the day of the auction or within the time frame of pickup days. (Pick Up Days Can Be Found Under The Removal Times Tab at the top of the Catalog)

3.2 Special Payment Requirements
*All gold jewelry and gold/silver coins must be paid for using either cash or wire transfer. Credit cards or checks will not be accepted. *All titled units must be paid for using either cash, wire transfer, check with ID or cashier check. No credit cards will be accepted.

4. BUYER PREMIUM
15.5% Buyer Premium 3.5% Discount when paying cash or check.

5. BIDDER REGISTRATION
You must be 18 years of age or older to register and bid. During the registration process, you must submit information found to be current, complete, and accurate for proper identification. You acknowledge that it is your responsibility to continually maintain current and accurate account information. All bids are final and cannot be retracted or removed.

6. RETURNS
All sales are final. There are no returns, refunds, credit card charge-backs or adjustments.

7. NO SHOW BIDDERS & NON PICKED UP ITEMS
Any open invoices after the scheduled pick-up days the card on file will be charged. Items left past scheduled pickup days will be considered abandoned and become the property of National Auction. No refunds for abandoned items.

8. NON PAYING BIDDERS
Non-paying bidders or fraudulent bidding will be subject to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. Non paying or fraudulent bidders will result in your bidding account being suspended.

9. LOT GROUPINGS
Some lots/items may be grouped. Winning bidder is responsible for removing the entire lot. Failure of the buyer to remove the entire lot will result in bidding account being suspended.

10. AUCTION BIDDING PROCEDURES

10.1 Soft Close Auction Format
This auction features a one-minute soft close format. Any bid placed during the final minute of a lot's closing time will automatically reset that lot's timer to one minute, continuing until no more bids are received. This process ensures all interested bidders have adequate opportunity to participate in the bidding process.

10.2 Linked Lots
Some lots in this auction may be linked together for bidding purposes. When you place a bid on any linked lot, the closing time will be extended for all lots within that linked group.
Linked lots are clearly identified by:
• A link symbol (🔗) displayed with the lot
• A corresponding letter designation
• Lots sharing the same letter are linked together
Bidders should be aware that bidding activity on any lot within a linked group will affect the closing times of all lots in that group. You are still bidding on the items separately.

10.3 MAX BID FEATURE

10.3.1 How Max Bid Works
Bidders may place a maximum bid amount on any lot. The computer software will automatically bid on your behalf up to your specified maximum amount using the predetermined bidding increments. Your actual bid amount will only increase as needed to maintain your position as the highest bidder, up to your maximum bid limit.

10.3.2 Bid Priority
If two or more bidders enter the same maximum bid amount, the bidder who placed their maximum bid first will be considered the highest bidder.

10.3.3 Modifying Max Bids
Bidders may increase their maximum bid amount at any time. Maximum bids may only be lowered to one bid increment above the current leading bid.

10.3.4 Notifications
Bidders will receive notifications when they have been outbid, based on their individual account notification settings. It is the bidder's responsibility to monitor their bids and adjust their maximum bid amounts as desired.

10.3.5 Soft Close Interaction
Maximum bids will continue to function during soft close extensions. If competing bids trigger the soft close feature, your maximum bid will continue to automatically bid on your behalf up to your specified limit.

10.3.6 Bidder Responsibility for Max Bid Errors
IMPORTANT: Bidders are fully responsible for any errors in their maximum bid entry. If you mistakenly enter an incorrect maximum bid amount (for example, entering $10,000 when you intended $1,000), you are legally bound to honor any winning bid up to that maximum amount. Even if bidding exceeds your intended amount (such as reaching $1,500 when you only wanted to spend $1,000), you remain responsible for the final winning bid price. National Auction is not responsible for bidding errors and will not cancel sales due to maximum bid entry mistakes.

10.3.7 Final Sale Terms
All maximum bids are final and binding. By placing a maximum bid, you agree to purchase the item at any winning amount up to your maximum bid limit.

11. POSSESSION
Merchandise becomes the FULL RESPONSIBILITY of the buyer at the close of the auction and the buyer assumes all risk of loss and damage to property at that time. In any such event, the bidder will be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property.

12. PICKUP INFORMATION
Pick up days are listed at the top of the catalog by clicking the removal times button. National Auction will facilitate check out/pickup. Buyer is responsible for loading their own items. Buyer must make sure they have all their items before leaving. No refunds for missing or lost items.

13. ITEM REMOVAL AND PICKUP

13.1 BUYER RESPONSIBILITY FOR SELF-REMOVAL

13.1.1 Primary Responsibility
The removal of all purchased items is the sole responsibility of the buyer. Buyers must arrange for adequate assistance, equipment, and transportation to safely remove all purchased items from the auction premises during designated pickup times. National Auction offers optional removal services for an additional fee (see Optional Removal Services section below).

13.1.2 Required Materials and Equipment
Buyers choosing self-removal are responsible for providing all necessary materials, including but not limited to:
• Boxes and containers for small items
• Moving equipment (dollies, straps, etc.)
• Adequate personnel for heavy lifting
• Protective materials for fragile items
• Tools for disassembly (screwdrivers, wrenches, etc.) when items require partial disassembly for safe removal

13.1.3 Packing Materials
Buyers must provide all packing materials including but not limited to boxes, bubble wrap, moving blankets, straps, and protective coverings. While National Auction may occasionally have boxes available for small items, this is not guaranteed and should not be relied upon. Buyers should come prepared with their own packing and moving supplies.

13.1.4 Item Location During Pickup
Some purchased items may be moved to a designated checkout area for convenience, while others may remain in their original location within the auction facility. Regardless of location, the buyer is solely responsible for identifying, collecting, and removing all of their purchased items.

13.1.5 National Auction Staff Presence
National Auction staff will be present on-site during designated removal times to facilitate the pickup process, verify purchases, and provide general guidance. However, staff will not provide physical assistance with moving, loading, or transporting items for buyers choosing self-removal.

13.1.6 Property Damage Liability
Buyers are fully responsible for any damage caused to the auction facility, grounds, or property during the removal process. This includes but is not limited to damage to floors, walls, doors, landscaping, or any other property features. Buyers will be held liable for repair or replacement costs for any damage they cause while removing their purchased items.

13.1.7 Removal Timeframes
All items must be removed within the specified timeframe announced at the time of sale. Items not removed within the designated period may be subject to additional fees or forfeiture as outlined in these terms and conditions.

13.1.8 Alternative Service Providers
Buyers may also arrange for third-party removal services. All third-party service providers must:
• Provide proof of insurance
• Coordinate with National Auction staff before beginning work
• Comply with all facility safety requirements
• Complete removal within designated pickup timeframes

13.2 OPTIONAL REMOVAL SERVICES

13.2.1 Availability of Removal Services
National Auction may offer removal and loading services for an additional fee at our sole discretion. These services include:
• Professional loading assistance
• Equipment operation (forklifts, dollies, etc.)
• Disassembly of items when necessary for safe removal

13.2.2 Service Fees and Availability
• Removal service fees may be listed on individual lot descriptions where applicable
• Standard removal service rates are available upon request
• Services are provided on a first-come, first-served basis based on staff availability
• Advanced scheduling of removal services is strongly recommended
• Emergency removal services may be available at premium rates

13.2.3 Service Limitations
National Auction removal services are subject to the following limitations:
• Services are offered at our discretion and may not be available for all items
• Extremely hazardous, fragile, or specialized items may require buyer-arranged professional services
• We reserve the right to decline removal services for items beyond our capabilities
• Removal services do not include transportation beyond the auction facility loading area
• Buyers must provide all packing materials (boxes, bubble wrap, moving blankets, straps, protective coverings)

13.2.4 Liability for Removal Services
When National Auction provides removal services:
• Reasonable care will be exercised in handling items
• Buyer assumes all risk of damage during the removal process
• Our liability is limited to the removal service fee paid
• Items are removed "as-is" with no warranty regarding condition after removal
• Buyer must inspect items immediately after removal and note any concerns

13.2.5 Payment for Removal Services
• Removal service fees must be paid before services are rendered
• Fees may be added to the buyer's invoice or paid separately
• Credit card, cash, or wire transfer accepted for removal services
• Removal service fees are non-refundable once services are performed

13.2.6 Scheduling and Communication
• Removal services must be scheduled at least 24 hours in advance when possible
• Emergency removal requests will be accommodated when staffing permits
• Buyers will be notified of estimated service times
• Delays may occur based on complexity of removal and staff availability

14. LIABILITY
Preview, bid, and pickup lot purchases at your own risk. National Auction nor any of its officers, employees, independent contractors, or clients, are responsible for injury or damage of any kind, to anything or anyone, while previewing, bidding, picking up purchases, or conducting business. You agree to hold National Auction and its agents harmless regardless of opinion and condition of property location.

15. FIREARMS AND MAGAZINES

15.1 Background Check Requirements
Any Firearms manufactured after 1899 will require an FFL background Check. Background check will be ran at our office during pick up times. Handguns can only be picked up by Montana residents 21 years of age and must be original purchaser that bid on the firearm. Out of state must have a handgun shipped to FFL. If you are denied on a background check there will be a 15% service charge of the hammer price. Know your state laws. National Auction will not ship to any state with magazine restrictions.

15.2 FIREARMS REGULATIONS
All Federal Firearms License (FFL) rules and regulations will be strictly followed for any firearm sales. Bidders must be legally eligible to own and possess firearms under federal, state, and local laws. It is the bidder's responsibility to ensure they meet all legal requirements for firearm ownership and possession before placing bids on any firearm lots.

16. PRIVACY
We respect your privacy and that of our clients, both buyers and sellers. We will not release your information to anyone without your permission. When you interact with our website, we collect certain data including but not limited to: Personal information (name, email address, phone number, mailing address), Browsing behavior and activity, Device information (type of device, browser, IP address), Location data, Preferences and auction interests, Transaction and bidding history.
By browsing or interacting with our website in any way, you give National Auction permission to collect, store, and use this information as described in these terms.
This information is used to improve your experience, customize content, and process transactions. Additionally, we share certain data with third-party marketing services, including Facebook and other social media platforms, to deliver targeted advertisements and promotional content related to auctions and items that may interest you.
You agree to give National Auction permission to email you promotional materials for future auction events. You can change this preference at any time by contacting us or updating your account settings.

17. SHIPPING
17.1 General Shipping Terms
-In house shipping by Shipping Saint
-Buyer pays all shipping, duties, packaging materials, labor & handling. (Labor is $65.00 Per Hour)
-National Auction is not responsible for any damage in the shipping process for any reason
-We typically get shipping done within the week of the auction, but shipping can take up to 2 weeks from time of payment
-Shipping Invoices over $500 will require a wire transfer. $10 wire transfer fee
-If you are purchasing a firearm that requires a background check and shipping the firearm must be shipped to a FFL dealer.
-Handguns must be shipped 2 day : handling fee of $10 per box plus packaging materials and shipping charges
-Long guns can be shipped ground : handling fee of $15 per box plus packaging materials and shipping charges
-No Shipping of firearms or ammo to CA, IL, NY or DC
-Loose Ammo No Shipping. Ammo must have factory package.

17.2 Large Items / Freight Items

17.2.1 Freight Responsibility
Buyers are responsible for arranging their own freight shipping.

17.2.2 Palletization Services
We are happy to palletize items for shipment at a rate of $65 per hour for labor, plus the cost of materials, with a $150 minimum charge.

17.2.3 Storage
Once an item has been palletized, we can hold it for up to 2 weeks to allow the buyer time to arrange freight pickup.

17.2.4 Payment Terms
All freight or third-party shipping arrangements must be paid via wire transfer. Credit cards will not be accepted for these transactions. For any questions or to coordinate palletization, please contact us directly. 406-259-4730

18. TECHNICAL DIFFICULTIES AND WEBSITE ISSUES
In the event there are technical difficulties related to the server, software or any other online auction-related technologies, National Auction reserves the right to extend bidding, close the bidding, temporarily suspend bidding, void any sale and re-sell any lots that were affected by any malfunction. Neither the company providing the software nor National Auction shall be held responsible for a missed bid or the failure of the software to function properly for any reason.

19. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by the laws of the State of Montana. Any disputes arising from these terms or the auction shall be subject to the exclusive jurisdiction of the courts of Yellowstone County, Montana.

20. FORCE MAJEURE
National Auction shall not be liable for any failure or delay in performance under these terms which is due to fire, casualty, flood, earthquake, other acts of God, strikes, labor disputes, wars, government requirements, court orders, or other circumstances beyond National Auction's reasonable control. In such events, National Auction reserves the right to cancel, postpone, or modify the auction as necessary.

21. ACCOUNT SUSPENSION AND TERMINATION

21.1 Grounds for Suspension or Termination
National Auction reserves the right to suspend or terminate any bidder's account, with or without notice, for any of the following reasons:
• Non-payment for purchased items
• Failure to remove purchased items within the designated timeframe
• Fraudulent bidding or providing false registration information
• Failure to complete background checks or meet legal requirements for firearm purchases
• Causing damage to auction property and refusing to pay for repairs
• Violation of any terms and conditions outlined in this agreement
• Disruptive, threatening, or inappropriate behavior toward staff or other bidders
• Failure to remove entire grouped lots when required
• Repeated violations of auction policies
• Any conduct that National Auction deems detrimental to the auction process or business operations

21.2 Immediate Termination
National Auction may immediately terminate accounts without prior notice for serious violations including but not limited to fraudulent activity, criminal behavior, or any actions that compromise the safety and security of the auction environment.

21.3 Effects of Suspension or Termination
Upon suspension or termination:
• All active bids will be cancelled
• Access to future auctions will be restricted
• Outstanding invoices must be paid immediately
• Credit cards on file may be charged for unpaid balances
• Items purchased but not yet removed must still be collected and paid for within the original timeframe
• No refunds will be provided for items affected by account actions

21.4 Reinstatement
Suspended accounts may be eligible for reinstatement at National Auction's sole discretion after resolution of all outstanding issues and payment of any applicable fees. Terminated accounts will not be reinstated.

21.5 Right to Refuse Service
National Auction reserves the right to refuse service to any individual at any time for any reason.

21.6 Information Sharing
National Auction reserves the right to share bidder information, including but not limited to account status, payment history, and violation records, with other auctioneers and auction companies for the purpose of protecting the integrity of the auction industry and preventing fraudulent or problematic bidding behavior.

22. DIGITAL SIGNATURES & ELECTRONIC RECORDS

22.1 Electronic Agreement Acceptance
By clicking "I Agree," registering for an account, or participating in any auction, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. Your electronic acceptance constitutes a legally binding agreement equivalent to a written signature.

22.2 Electronic Records
All electronic communications, transaction records, bid histories, and account information maintained by National Auction constitute valid business records. You agree that all electronic records will be admissible as evidence in any legal proceeding. National Auction may maintain electronic records in lieu of paper documents, and such records shall be deemed originals for all purposes.

22.3 Authentication
You are responsible for maintaining the confidentiality of your login credentials. All activities conducted through your account will be deemed authorized by you, regardless of who actually performed them.

23. INTELLECTUAL PROPERTY PROTECTION

23.1 Catalog and Content Protection
All auction catalogs, lot descriptions, photographs, videos, condition reports, and other materials created or provided by National Auction are proprietary and protected by copyright, trademark, and other intellectual property laws.
Bidders, Viewers or Visitors are prohibited from:
• Reproducing, copying, or distributing catalog images or descriptions
• Using our content for competing auction services
• Creating derivative works from our materials
• Screen scraping or automated data extraction from our website

23.2 Trademark Protection
"National Auction" and associated logos are registered trademarks. Unauthorized use of our trademarks or confusingly similar marks is strictly prohibited.

23.3 User-Generated Content
Any content you submit (reviews, comments, photos) becomes the property of National Auction with a perpetual, royalty-free license to use, modify, and distribute such content.

24. DISPUTE RESOLUTION

24.1 Mandatory Arbitration
Any dispute arising from or relating to these terms, the auction, or any transaction must be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Billings, Montana.

24.2 Mediation Requirement
Before initiating arbitration, parties must first attempt resolution through good-faith mediation. Either party may initiate mediation by written notice to the other party.

24.3 Statute of Limitations
All claims must be brought within thirty (30) days of the auction closing date or the date the claimed breach occurred, whichever is later. Any claims not brought within this period are forever barred.

24.4 Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

25. ENHANCED PRIVACY & DATA SECURITY

25.1 Data Security
National Auction implements industry-standard security measures to protect your personal and financial information. However, no system is 100% secure, and you acknowledge the inherent risks of online transactions.

25.2 Data Breach Notification
In the event of a data security incident that may compromise your personal information, National Auction will notify affected users as soon as possible of discovering the breach, in accordance with applicable law.

25.3 Data Retention
Personal information will be retained for seven (7) years following your last transaction or account activity. Payment card information is not stored and is processed through PCI-compliant third-party processors.

25.4 Privacy Rights
Residents of certain states may have additional privacy rights, including the right to request deletion of personal information or opt-out of certain data sharing practices. Contact us at [email protected] to exercise these rights.

25.5 Third-Party Integrations
Our website may integrate with social media platforms, analytics services, and payment processors. These third parties have their own privacy policies, which you should review.

26. INTERNATIONAL BIDDERS

26.1 Import/Export Compliance
International bidders are solely responsible for compliance with all import/export laws, customs regulations, and trade restrictions in their country and the United States. Certain items may be restricted or prohibited from export.

26.2 Currency and Exchange Rates
All transactions are conducted in US Dollars. Currency conversion, if provided, is for reference only. You are responsible for any currency exchange fees charged by your financial institution.

26.3 International Shipping Restrictions
We do not ship to countries subject to US trade sanctions or embargoes. Prohibited destinations include but are not limited to countries listed on the US Treasury Department's sanctions lists.

26.4 Customs and Duties
International buyers are responsible for all customs duties, taxes, brokerage fees, and other charges imposed by their country. National Auction will provide necessary documentation but is not responsible for customs delays or seizures.

27. TECHNOLOGY & PLATFORM ISSUES

27.1 Platform Performance
While we strive for 100% uptime, National Auction does not guarantee uninterrupted service. We are not liable for losses resulting from platform downtime, slow performance, or technical glitches.

27.2 Browser Compatibility
Our platform is optimized for current versions of major browsers (Chrome, Firefox, Safari, Edge). Use of outdated browsers may result in functionality issues.

27.3 Mobile vs. Desktop Experience
Some features may have limited functionality on mobile devices. For full feature access, we recommend using a desktop or laptop computer.

28. CONSIGNOR PROTECTIONS

28.1 Consignor Relationship
National Auction acts as an agent for consignors and sellers. We owe fiduciary duties to consignors and sellers while maintaining fair auction practices for bidders.

29. EXPANDED FORCE MAJEURE

29.1 Additional Covered Events
In addition to traditional force majeure events, the following circumstances may justify auction postponement, cancellation, or modification:
• Cyber attacks or security breaches affecting auction systems
• Pandemic-related government restrictions or health orders
• Government shutdowns affecting business operations
• Severe supply chain disruptions affecting shipping and logistics
• Internet or telecommunications infrastructure failures
• Natural disasters affecting auction facilities or major transportation routes

29.2 Remedies
In force majeure situations, National Auction may:
• Postpone auctions to a later date
• Conduct auctions at alternative locations
• Modify pickup and payment deadlines
• Cancel auctions entirely with full refund of fees paid

30. SEVERABILITY

30.1 Provision Independence
If any provision of these terms is found to be unenforceable or invalid by a court of competent jurisdiction, such determination shall not affect the validity and enforceability of the remaining provisions. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

31. OPERATIONAL POLICIES

31.1 Auction Timing
All auction times are displayed in Mountain Time (MT). Bidders are responsible for understanding time zone differences.

31.2 Technical Support
Technical support is available during business hours at 406-259-4730. Emergency support during live auctions is available through the contact information provided in auction announcements.

31.3 Account Verification
National Auction may require additional identity verification for high-value transactions or if suspicious activity is detected.

31.4 Business Relationships
National Auction may have business relationships with some consignors or bidders. Such relationships do not affect auction fairness but may be disclosed upon request.

32. Reserve Status and Disclosure

Items offered at auction may be subject to reserves, though not all lots will carry reserve protection. Reserve status may be indicated in the catalog or announced at the time of sale, though the absence of such indication does not guarantee that an item is being sold without reserve.

33. COPYRIGHT NOTICE
© 2025 National Auction. All rights reserved. These terms and conditions, auction materials, lot descriptions, photographs, and all other content related to this auction are the exclusive property of National Auction and are protected by copyright law. No part of these materials may be reproduced, distributed, transmitted, or used in any form without the express written permission of National Auction.
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Effective Date: These additional terms are effective as of 6/2/2025 and supplement the existing National Auction Terms and Conditions.
Contact Information: For questions regarding these terms, contact: National Auction Phone: 406-259-4730 Email: [email protected]