Auction Terms & Conditions
AGREEMENT: All bidders and others attending this auction agree that they have read and fully understand these terms and agree to be bound thereby.
IDENTIFICATION: All purchasers are required to have a Bidder's Number to bid, by providing their full name, address and phone number, as well as other suitable identification as requested at the time of registration.
ADDITIONS OR WITHDRAWALS: The Auctioneer reserves the right to withdraw from sale any of the items listed, or to sell at this auction items not listed, and also reserves the right to group one or more lots into one or more selling lots, or to subdivide the lot into two or more selling lots.
DISPUTE BETWEEN BIDDERS: If any dispute arises between two or more bidders, the Auctioneer may keep the original sale, or may immediately put the disputed item up for bid again and resell to the highest bidder. The decision of the Auctioneer will be final and absolute.
CONSIGNOR/SELLER BIDDING: Consignors and sellers are allowed to bid on and win their items in this auction. Such bidding will incur fees payable by the consignor/seller to Batterman's Auction in lieu of fees otherwise generated in an arms length sale.
SALE BY ESTIMATED COUNT, MEASURE OR WEIGHT: Where items are to be sold by estimated count, measure or weight, the Buyer will be billed for and required to pay for the estimated count, measure or weight. If, when delivered, any shortage exists, the Buyer will receive a refund at the rate of the purchase. If there is an excess, the Buyer is required to take and pay for this excess at the rate of purchase.
RESERVES: The Auctioneer reserves the right to reject any and all bids at any time until the item is "sold". On lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the seller.
CONDITION OF ITEMS SOLD: The Auctioneer shall not be responsible for the accurate description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging, or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exhibited for purchase are being sold "AS IS, WHERE IS", without warranties, or any other representation as to authenticity or suitability for a particular purpose. All pictures are considered part of the description.
RETURNS: All sales are final. No refunds, no exceptions.
TIME OF PAYMENT: All payments for successful bids must be paid in full before leaving the premises on the day of the sale.
MANNER OF PAYMENT: All successful bids, taxes and premiums must be paid to the Batterman's Auction cashier on the day of the auction unless otherwise announced, or other arrangements made in writing and signed by a Batterman's representative before the auction. No items may be removed from the premises before payment has been made. Payment methods include, and are limited to Visa, MasterCard, Discover, American Express, cash, check, money order or debit card.
REMOVAL: Items must be removed from the auction premises within twenty-four (24) hours after the auction, unless previous arrangements have been made. Removal of items shall be at the expense, liability and risk of the Buyer. Purchases will be available for removal at the end of the auction and only upon presentation of paid bill. Batterman's will not be responsible for goods not removed within the time specified, and shall have the option of removing and storing at the expense and risk of the Buyer any items purchased but not paid for and/or not removed within the specified time. If the item(s) are not picked up, a storage charge of $5.00 per day per item shall accrue, commencing on the second day after the auction.
FORFEITURE: Failure to remove items from the premises within thirty days of the sale will result in forfeiture of items sold, and the items will be sold at a future auction with the proceeds being applied to the storage fees.
NON-DELIVERY RESPONSIBILITY: Batterman's shall not, in any event, be liable for non-delivery, or for any other matter or thing, to any Buyer of any lot, other than for the return to the Buyer of the deposit or auction hammer price paid on said lot, should the Buyer be entitled to it.
CLAIMS: No claims will be allowed after the goods are removed from premises.
PERSONAL & PROPERTY RISK: Persons attending during preview, sale or removal of goods assume all risks of damage and/or loss to person and/or property and specifically release the Auctioneer, Batterman's Auction LLC and its representatives from liability thereof. Neither Batterman's Auction LLC nor its principles shall be liable by reason of any defect in or condition of the premises on which the sale is held.
RECORDS: The records of sales are kept at Batterman's Auction and its bookkeeper's decision will be taken as final in the event of any dispute.
AGENCY: Batterman's Auction is acting as the agent only and is not responsible for the acts of its principles.
BUYER'S PREMIUM: A premium will be charged on all lots sold to the Buyer. For onsite auction attendees, the premium is 10% of the hammer price. For telephone, internet and absentee Buyers, the premium will be 15% of the hammer price.
SALES TAX: Tax, when and where applicable, is calculated on the hammer price plus Buyer's Premium.
SHIPPING TERMS: There is a handling fee of $5.00 per item or $15.00 per box, whichever is greater. Lots will be combined if our shipping department determines that the lots are compatible. Carrier will be determined by Batterman's Auction unless Buyer requests a specific carrier. All handling fees and shipping charges will be added to Buyer's invoice and charged directly to Buyer's credit card. Shipping may take up to four weeks. If you have ANY questions or concerns about shipping, please call us at 928-445-6787 before placing your bid. Arizona-resident buyers: Your items will be shipped unless you call us within 48 hours after the auction ends to make arrangements for an onsite pick up. If you do not call and your items get packed, but you want to pick up your items, you will be charged the applicable handling charges. Note to International Buyers: The postage fees for international shipments begin at $40 per package.
ARTWORK: The glass and frame may need to be removed from some pieces prior to shipping. If our shipping department deems this to be necessary, the Buyer will be notified prior to shipping the item.
STANDARD ITEM: There is a handling fee of $5.00 per item or $15.00 per box, whichever is greater. Lots will be combined if our shipping department determines that the lots are compatible.
LARGE ITEM: The item description will indicate if special handling is required to ship the item. The Handling Fee is $25.00 per item.
OVERSIZED ITEM: The item description will indicate if special handling is required to ship the item. The Handling Fee is $25.00 per item.
EXTRA FRAGILE PACKING NEEDED: The item description will indicate if special handling is required to ship the item. The Handling Fee is $25.00 per item.
LOCAL PICK UP ONLY OR BUYER TO ARRANGE SHIPPING: These items will need to be shipped via freight service, and the crating and shipping charges are the responsibility of the buyer.
DAMAGE DURING SHIPPING: We use reliable and responsible shipping companies with customer-friendly, online claims programs. All the information needed to file a claim will be on the shipping label.
FIREARMS PURCHASES: Anyone who is legally allowed to own an item is allowed to buy or sell it here. The following information is not intended to be a complete guide to all applicable laws. It is your responsibility to be in compliance with all Federal, state, and local laws when bidding in our auction.
What does 'legally allowed' mean? You must be an adult who is able to enter into a contract. Anyone desiring to purchase a firearm must be able to pass a background check. There are age limits on the sale of certain items. Certain types of items are illegal in certain places, for example 'assault weapons' cannot be sold in California, and certain types of ammunition are illegal in certain states and cities. The NRA has put together a guide of state-by-state gun laws. The ATF has compiled information on the various state laws. Again, it is your responsibility to make sure that you comply with the laws of your country, city, and state. We do not tolerate attempted illegal activity here.
You do not have to be a licensed dealer to buy a firearm. If you are not a licensed dealer (also called an FFL Holder), you must make arrangements with an FFL Holder in your state to receive the item and transfer it to you. (Note to C&R holders: if you are a C&R holder you already know the Byzantine C&R rules so we will not repeat them here). Virtually anyone who is involved in the sale or distribution of firearms is an FFL Holder, including gun shops. You must make arrangements with your FFL Holder BEFORE placing a bid on an item. By contacting the FFL Holder before bidding, the buyer can verify that all state and Federal laws will be observed.
Non-firearm items, such as air guns, knives, ammunition, antique guns that were built in 1898 or earlier, accessories, and some gun parts, do not require transfer by a licensed dealer. There are age restrictions on many of these items, and you will be asked to verify your age to the seller (typically by mailing a Xerox copy of your driver's license) before you can purchase the item. In general, you must be at least 18 years old to buy items on this site. You must be at least 21 years old to buy Pistol ammunition; at least 18 years old for Rifle ammunition.
If you have any questions or doubts about whether an item can be shipped to you, please contact your local FFL Holder or call us, 928-445-6787.
ADDITIONAL TERMS AND CONDITIONS: Any additional terms or conditions of the sale, added by the Auctioneer, shall be announced prior to the auction.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.