Auction Terms & Conditions DAVIS AUCTIONEERS, LP-TERMS AND CONDITIONS OF SALE
These terms and conditions apply to all items offered for sale by Davis Auctioneers, LP. This BIDDER CONTRACT is a binding agreement between the bidder and the auctioneers. Bidder agrees that the terms listed below shall govern this auction and he/she agrees with them. Additional terms and conditions may be posted or announced from the auction block which are just as binding as the below terms. By registering to bid or placing a bid you acknowledge that you have read and understand and that you agree to be bound by all these terms and conditons.
1. All property is sold "AS IS" and all sales are final. All property is described to the best of our knowledge; however neither we nor our consignor(s) make any warranties, express or implied, with respect to such property as to the workmanship, quality or authenticity. No statement anywhere, whether oral or written shall be a warranty, representation or assumption of liability. All measurements and weights are approximate.
2.This auction will feature absentee bidding in conjuction with the live auction. Bidders must be pre-registered with a credit card on file to bid. Pre-bids or absentee bids will be accepted up until 10:00 pm central time Thursday, December 2, 2010. There is a $25.00 minimum on all absentee bids. These bids are not the final result. Absentee bids become part of the live bidding action during the auction and are placed by a PROXY BIDDER who acts on behalf of the absentee bidder.
3. The highest bidder acknowledged by the auctioneer is the buyer. The auctioneer is the sole determinant as to who is the successful bidder. Once the auctioneer's gavel falls, the successful bidder immediately assumes full risk and responsibility for the purchased lot. Any disputes among bidders will be settled by the Auctioneer at his sole discretion and his decision will be deemed final. The auctioneer reserves the right to re-open the bidding on the disputed lot. The auctioneer also reserves the right to reject nominal bids and to withdraw from the auction items that do not receive a bid reflective of an item's worth. Bid amounts are incremental. In some cases, a live floor bidder may win an auction with a bid that is equal to the internet absentee bid. For Example: The internet absentee was bid in an increment by the live auction provider which had you bidding $200.00, so the next bid was to the floor at $225.00 (since this was your top bid) the live auction provider could not bid $250.00 for you, so it sold to the floor. In short, you were off the increment. This is not controllable (or avoidable) in any way by the live auction house.
4. Once a bidder has won the bid on an item, they have become the new owners of the item, even though they may have not paid for the item yet. The item(s) become the the full and sole responsibility of the Buyer at this point, and Buyer assumes all risk of loss and damage. Buyers should guard their items accordingly.
5. All sales are final. The Bidder is responsible for knowing which item(s) he/she is bidding on. If unsure, he/she should inquire or refrain from bidding. When you become the winning bidder at auction you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will not honor "mistakes".
6. Buyers are required to pay state and local sales tax unless exempted by law. If exempt, buyers must file a valid Texas Resale Certificate with Davis Auctioneers, LP at: email@example.com before any exemption can be made. Texas residents will be charged 6.25% sales tax, unless exempt.
7. Visa, Mastercard and Discover Cards are the only form of payment accepted by Davis Auctioneers, LP for any type of bidding other than live, onsite bidding. All accounts will be settled and everything must be paid in full at the conclusion of the auction. Your credit card on file will be charged for your purchases plus an 10% Buyers Premium and any applicable taxes immediately following the conclusion of the auction. Successful bidders will be notified by email within 3 business days of the auction. Non-receipt of an emailed invoice does not preclude you from your responsibilities for payment.
8. There is no shipping available for this auction. This auction is being held onsite at the estate location not at an auction house, so all items must be removed on sale day unless prior arrangements have been made. All prior arrangements must be made with the auctioneer or auction coordinator by 10:00 pm Thursday December 2, 2010. Please contact auction personnel at firstname.lastname@example.org or 817-291-7281
9. ALL firearms will be transferred through Downing's Guns & Family Treasures (hereinafter referred to as "FFL"), 516 North Main, Cleburne, TX 76086, 817-641-9999. All firearms will be transferred through "FFL" regardless of antique, curio or relic status. Buyer must complete Federal Form 4473 and pass a NICS background check or be a licensed Federal Firearms dealer. Buyer needs to know their legal status as pertaining to the NICS background check. If buyer does not pass the NICS check, only the actual purchase price of the firearm will be refunded. Transfer fees and buyers premium are NOT REFUNDABLE. The registered bidder on-site for the auction must be the actual buyer and pass his or her own NICS check at "FFL". Out-of-state buyers are responsible for any shipping costs incurred and must have access to an FFL for the transfer of the firearms. All buyers will need to complete transfers and pick up their firearms at "FFL". For complete hours of operation, please contact the "FFL" Transfers can be done beginning December 7, 2010. All firearms must be picked up no later than 12:00 pm on December 11, 2010. "FFL", Auctioneer, or Seller do not warrant the authenticity, workmanship, or usefulness of any and all firearms and buyer agrees to hold harmless and indemnify such person from and against any and claims that may arise from such purchase.
We want you to be happy with your purchases. If you have questions about the merchandise, the time to ask questions is well in advance of the auction. No returns are allowed. Thank you for your patronage.
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