November Decoy & Sporting Art Auction - S2

FIREARMS AUCTION - CONDITIONS OF SALE - PLEASE READ 1. GUYETTE AND DEETER WOULD LIKE TO MAKE YOUR BIDDING EXPERIENCE AND PARTICIPATION IN OUR AUCTIONS AS PLEASANT AS POSSIBLE Whether you are bidding live, absentee, or by phone, we ask that before you bid in any manner that you satisfy any and all of your questions, so that you will feel confident in placing bids with us and have all of the information you need. All of the items we offer have been pre-owned, handled, and used. As such, we strongly suggest you call or email us with any inquiries. Contact us 48 hours prior to the Auction to get any questions and/or condition reports on the items that interest you. We will work to answer all questions and additional photo requests but do not guarantee we will be able to do so. Additional content provided in any conversation, written or otherwise, will not be part of the guaranteed condition reports unless expressly stated by the auctioneer from the podium prior to the auction. 2. THE AUCTIONEER IS THE SOLE DETERMINANT AS TO WHO IS THE SUCCESSFUL BIDDER At the Auctioneer?s discretion, an item may be reoffered for sale if a dispute arises. Auctioneer?s sale recording shall be conclusive as to who was the successful purchaser and the purchase price. If there is no apparent interest in an item (at half of the catalog low estimate) or an appreciable opening bid, (when no catalog estimate is printed), the item will be passed from the block by the Auctioneer and will not be re-offered again for sale during this auction. The lot may be available at a later date, after the auction has concluded. 3. SALES TAX Must be charged to all successful bidders in compliance with all local, State, and Federal laws. * Maryland residents who do not present a valid ANNUAL RESALE CERTIFICATE at the time of registration will have to pay the current Maryland State sales tax. (6%). NO EXCEPTIONS. * Under Maryland law, items to be shipped within Maryland will have the tax applied. * If you reside in the state of Maryland, but maintain an out of state tax number, you must pay sales tax. This is Maryland law. * Out of State residents. If you are not a Maryland resident, items shipped to some out of state residents may be charged sales tax by your receiving dealer. If your state requires our company to collect the recipient?s state sales tax, we may do so. If we ship your item out of state and are not required to collect the state sales tax, we will not. 4. BUYERS PREMIUM The buyer?s premium, assessed on each selling lot, is 20% of the hammer price up to and including $1,000,000, plus 15% on any amount in excess of $1,000,000. This amount will be added to the hammer price and collected by the auctioneer. For payments made using a credit card, the buyer?s premium is 23% up to and including $1,000,000, plus 18% on any amount in excess of $1,000,000. This amount will be added to the hammer price and collected by the auctioneer. 5. GUARANTEE AND DESCRIPTIONS We have made a painstaking effort to honestly and accurately catalog and describe the property to be sold. All items in this catalog have guaranteed condition reports. Should the need arise, the auctioneer reserves the right to make verbal corrections and provide additional information from the block at the time of the sale and this additional information will be part of the guarantee. The printed catalog descriptions carry a limited guarantee to protect you against major discrepancies that would have a major effect upon the value of the item. Under no circumstances do we guarantee against anything less than a major discrepancy that would have less than a major effect upon value. Absentee bids may or may not be executed on items that are found to be other than described in the catalog at the auctioneer?s discretion. Since opinions can differ, particularly in the matter of condition, the auctioneer will be sole judge in the matter of refunds. If we fail to identify a major flaw that has a major impact on the value, the auctioneer will absolutely consider a full refund. This guarantee is limited to what you paid for the item from us and not what you expect to get if you had sold it. Note: It is the sole responsibility of the purchaser to satisfy themselves on the age, authenticity, condition, description, and value of each lot before bidding. This includes all bidders whether they attend the auction in person, bid via absentee, bid via agent, phone, or internet bidding. 6. DURATION OF GUARANTEE If you bid absentee, by phone, on the internet, or in person and have your item shipped, it is your responsibility to examine the lot immediately upon receipt and notify us of any serious issues. The Auctioneer must be notified of any issues within 2 days of receipt of your items. The guarantee will end 5 days from the date of delivery. Deliver is defined as delivered to your FFL for modern firearms, delivery to your home/business or requested address for antiques and other items in this auction. Therefore, all guarantees on items purchased will become null and void 10 calendar days from the date of shipment. IT IS VERY IMPORTANT TO NOTE THAT IF YOU DO NOT PAY YOUR INVOICE WITHIN 30 DAYS OF THE AUCTION, YOU WILL NOT BE ELIGIBLE FOR THE GUARANTEE. Payment must be postmarked no later than 30 days after the auction. 7. FOR IN PERSON LIVE AUCTION ATTENDEE BIDDERS It is expected that you have examined the items before you purchased them and that as you pick them up, you will re-examine them one last time. If there is a problem regarding condition, it is expected that you would notify us immediately before leaving the auction facility. Also, please check to make sure all components to your lots are there. All possibility of a refund is null and void once you have left our facility with the item(s). 8. ONLINE BIDDING PLATFORM S We incorporate several internet bidding services that are provided by separate companies that host our auctions live from their web platforms. They charge our auction company a substantial fee to upload the auction materials to their platforms. Bid@guyetteanddeeter.com. has a 1% charge, other firms generally charge 3% - 5% to the buyer who utilizes their services. This amount is added on to your Buyers Premium on your invoice if you utilize any of the online bidding platforms that carry this auction. 9. RESERVES Occasionally an item may carry a conservative reserve above one half of the low estimate value. In this instance, the auctioneer retains the right to bid on behalf of the owner up to the reserve price. We will tell you if an item carries a reserve should you inquire. As a general business practice, reserves are usually a fraction of the low estimate and we do not allow reserves above the low estimate. Consignors Identification is considered confidential unless otherwise stated in the catalog. We will not give out this information unless we have prior approval from the consignor to do so or if the auctioneer deems sharing that information necessary. 10. PAYMENT: All items must be paid for in United States Currency. We accept Cash, pre-approved checks (business or personal), bank checks, Visa, MasterCard, American Express, Discover & bank wire transfers. All items must be paid for in full before being removed from our facility. All fees associated with the cost of a wire transfer or bank check are those of the purchaser. Buyers must have valid driver?s license when paying by charge cards & checks. Checks are to be pre-approved by auctioneer prior to the auction. We require preapproval at least 2 business days before the start of our auction and will NOT be able to consider approval of checks the day of the auction. A letter of reference from your bank is strongly recommended to those who have never done business with us before. The auctioneer reserves the right to hold merchandise purchased by checks that have not been pre-approved until we can see that the check has cleared the bank which is typically 3 business days but could take up to 10 business days. We will hold merchandise purchased by all first-time buyers until the first-time buyer?s check has cleared the bank. (This enables the check to clear the bank and if it does not, then it gives the bank the time to notify us via U.S. mail which can take up to 10 days). * There will be a $100 fee charged for all returned checks. * Third party checks are not accepted under any circumstances! NO EXCEPTIONS. Note: Our goal is to provide best in class service with prompt and careful shipping of your goods. A delay in a buyer?s payment to us, means delay in the shipment of your goods to you. Unfortunately, a delay in shipment to you could mean you lose all possibility of a return and guarantee privilege, so we kindly ask you to please make a prompt payment. The speediest forms of payments are credit cards or bank checks. Personal or Business checks from first time buyers will hold the shipment up for 10 business days until checks have cleared our bank. This bank-imposed hold could jeopardize the warranties of the descriptions if the shipment occurs outside of our guarantee period or for other reasons. 11. AGENTS: FIREARMS AGENT: You must have an agents letter registered with us before bidding on behalf of someone else on a Modern or Curio firearm. If you are representing some other FFL as an agent you must have the following to qualify: 1) You must have a letter from the FFL Holder you are representing. 2) Your agent letter must be on the company?s letterhead. 3) Must be typed. 4) Must be signed by the responsible person on the FFL. 5) Must be accompanied by a copy of the FFL. 6) Must state that you are an employee for the FFL Holder. 7) Must be dated. Please Note: If you do not have a ?completed?? letter with ALL of the above requirements you will not be able to represent another FFL Holder in this capacity- NO EXCEPTIONS! NON-FIREARMS AGENT: If you are registering or executing a bid for someone else, please bear in mind that you are responsible for the settlement of that account with us regardless of whether the person you?re executing or registering for pays you or not. As stated previously, we do not accept third party checks. 12. TITLE: The process of passing the title begins upon the fall of the auctioneer?s hammer or when announced as ?sold?? by the auctioneer. The title will pass once the auctioneer has received the full purchase price and any applicable expenses in clear funds. * It is then the responsibility of the buyer to make full payment prior to removing the items from the premises. * It is both the buyer?s risk and expense for removal and must be made at the conclusion of the sale unless other arrangements are made with Guyette and Deeter, Inc. All items to be packaged by the purchaser, unless the items are to be shipped by Guyette and Deeter, Inc. or a third party. Guyette and Deeter, Inc. will provide shipping as outlined in our terms and conditions below. * If an item(s) cannot be removed on the sale date, storage may be arranged for an agreed amount of time. A fee of $100 per month ? per item will be charged for any item(s) being left in our facility longer than 30 days from auction date. ALL ITEM(S) left will be at the purchaser?s risk and will under no circumstances be covered by Guyette and Deeter?s insurance., Guyette and Deeter Inc. is not liable for any damage or loss occurring during storage on behalf of the purchaser. Items will not be released to the purchaser until all storage fees and any other balance due to Guyette and Deeter. is paid in full. Fees continue until the balance has been paid in full. * IF CONTACT CANNOT BE MADE WITH THE BUYER TO MAKE ARRANGEMENTS FOR PAYMENT AND SHIPPING WITHIN 30 BUSINESS DAYS AFTER THE AUCTION THE AUCTIONEER RESERVES THE RIGHT TO OFFER THE ITEM TO THE backup bidder. 1. THE BUYER IS RESPONSIBLE TO HAVE FULL KNOWLEDGE AS TO WHETHER THE ITEM THEY ARE BIDDING ON IS LEGAL FOR THEM TO POSSESS OR IMPORT INTO THEIR RESIDENT STATE OR COUNTRY: If a buyer purchases an item that is either illegal to possess in their resident state or will not be cleared through customs, the buyer is responsible for the purchase and will not be issued a refund. The item determined illegal in their resident state or country will be offered in the next auction and a seller?s commission and restocking fee will be deducted from the proceeds of the sale of the item(s) resold on behalf of the purchaser. NOTE: Guyette and Deeter Inc. will not change the name or amount on an invoice, or alter any paperwork in any manner for any item. 2. WITHDRAWALS: We reserve the right to withdraw any property before the sale and shall have no liability for such withdrawal. Withdrawal can be made at any time up until the gavel has fallen and the auctioneer has declared the item to be ?SOLD??. 13. ABSENTEE & PHONE BIDS: Absentee bidding is a free service we provide to our customers. Bidding on items shows that you agree with all terms & conditions of bidding. * We accept Absentee & Phone bids with the condition that bids are communicated clearly and that a lot number & brief description of each lot is written out. PLEASE NOTE: IF A BIDDER MISIDENTIFIES A LOT NUMBER OR ITEM THAT THEY ARE INTERESTED IN BIDDING ON RESULTING IN THE PURCHASE OF THE LOT(S) IT IS THE RESPONSIBILITY OF THE BUYER TO PAY FOR THE PURCHASE EVEN THOUGH S/HE MADE AN ERROR WHEN BIDDING ON THE LOT(S). Guyette and Deeter, Inc. is not responsible for these errors with absentee bids. * Guyette and Deeter, Inc. shall not be held responsible in any form for any failure to properly execute an absentee or phone bid whether it be due to equipment failure, lack of description on bid form, clerical error, loss of connection or failure to hear or understand the bidder?s directions, etc. * Absentee and Phone bidders must review their bids for correctness prior to submitting their bid(s) and our phone clerks may ask to confirm them with you as well. We ask that you supply an email address when the bids are processed, and you will then be sent a copy of your entered phone and/or absentee bids. Please review this and determine if any corrections should be made. We ask that you notify us immediately with any corrections or changes you may have. Guyette and Deeter, Inc. will not be responsible in any form for errors in absentee bids and/or phone bids. * If you do not receive confirmation by email/phone within 24 hours of submitting your bids please, contact our office. We ask that all phone and absentee bids be submitted at a minimum of 24 hours prior the auction, bids submitted less than 24 hours prior to the start of the auction may or may not receive an email/phone confirmation and we do not guarantee we can execute phone and absentee bids received less than 24 hours prior to the start of the auction. We want to be sure we have your bids and will do our best to make certain for accuracy in processing all bids. We ask that all bids be made 24 hours prior to the auction. * Under certain circumstances we may make a verbal correction from the auction block at the time of sale. In this case absentee bids left on an item will be considered void unless we can confer with the bidder prior to the item being sold. * All absentee and phone bids must be accompanied by a credit card in order to secure bids. * Invoices will be emailed out within 72 business hours of the end of the final auction day 14. NOTIFICATION OF SUCCESS: Successful bidders are contacted after the auction ends. To expedite the process, we ask that you fill out and send in the ?Payment & Shipping?? Forms as well as the copy of the FFL or C&R that you intend to use along with your bid sheets. If you are paying by Credit Card for your purchase, please make sure you check the appropriate box for this or remark somewhere on your bid sheet that we are to charge your card for purchases as well as expenses associated with your shipments. If you have done this and included all your paperwork for your items, then your invoice will be expedited to our shipping team and be at the front of the line. We may also attempt to contact bidders via fax, U.S. Mail, email, or other methods. 15. INTEREST & DEFAULT: Payment is expected immediately following the sale. Any items not paid for within 30 business days of the auction, Guyette and Deeter, Inc. retains the right and will charge the buyers credit card for the total amount due. Interest will be charged on all balances not paid at the rate of 1 1/2% monthly (18% APR) effective 30 days from the date of purchase/auction. Should the buyer not comply with any of the Terms & Conditions of Sale, the damage recoverable from the defaulter shall include any loss arising on the resale of the lot, together with the charges and expenses in respect of both sales as well as any legal or collection fees incurred. Guyette and Deeter, Inc. shall hold any money deposited in partial payment on account of any liability of the defaulted item. 16. SHIPPING: Guyette and Deeter, Inc. makes every attempt to ship your goods in a timely fashion. Because of the high volume of items being shipped and delays that shipping carriers deal with during various times throughout the year, please allow 2-3 weeks for your items to be delivered after all paperwork and full payment is received and applied. The following is our shipping policy and shipping/handling/box and insurance charges. 1. SHIPPING CHARGES: 2. Hard Cases: Upon special request, we may be able to obtain hard cases to ship your guns to you in. The cost of the case will be added to your shipping charges. Hard cases may or may not be available at the time of shipment. 3. Handling charges Each item purchased in our auction will be accessed a handling charge prior to shipping. Our shipping department charges an hourly rate as well as costs for material to safely package your item. 4. Insurance Charges: A rate of 1% of the invoice price will be charged. This covers the Hammer & Buyers Premium only. This does not include shipping, nor does it include what you expected to get for the item if resold. 5. POLICIES: All firearms including antiques are shipped with an adult signature required, no exceptions. Multiple winning bids will be combined to save buyer money wherever possible. We reserve the right to not ship an item if we feel that it is too fragile or bulky to be done safely. (i.e. decoys, art, delicate and/or oversized items, etc.) We are happy to assist you in your shipping needs. Please understand that we will try to expedite your shipment when requested, but we make no guarantee that it can be completed in such a time frame as you may request or in the manner that you may request. 6. Note: We will not declare an item as something other than what it is. We will not change the title on the invoice, or declare an item to be of lesser value than what was paid for it. NO EXCEPTIONS. ****PLEASE NOTE ? If you purchase a modern firearm in our auction, Guyette and Deeter, Inc. will only offer in person 4473 transfers from our office after account settlement to Maryland Residents ONLY. If you are NOT a Maryland Resident and do not have a Federal Firearms License, we will ship the item to a licensee in your resident state. IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO PROVIDE A CURRENT VALID COPY OF THE FFL THEY WISH TO HAVE THEIR ITEMS SHIPPED TO. 16. ANY LEGAL DISPUTES: Any legal disputes arising from this auction shall be settled in the court system in the State of Maine. The Maine Uniform Commercial Code, Title 11, Section 2 ? 328 applies to this auction sale. 17. All listings in this Auction are subject to errors and omissions 18. WARNING!! ALL FIREARMS AND AMMUNITION IN THIS AUCTION ARE SOLD AS COLLECTOR ITEMS. THEY ARE NOT EXAMINED, TESTED OR WARRANTED BY GUYETTE AND DEETER, INC., ITS CONSIGNORS, EMPLOYEES OR AGENTS AS TO THE SAFETY AND SHOOTABILITY OF ANY FIREARMS OR AMMUNITION INCLUDED IN THIS AUCTION. WE STRONGLY RECOMMEND THAT ALL AMMUNITION AND FIREARMS ARE CHECKED FOR SAFETY BY A COMPETENT GUNSMITH BEFORE YOU ATTEMPT TO FIRE ANY FIREARM OR AMMUNITION. BY AGREEING TO THE TERMS & CONDITIONS YOU ARE RELEASING GUYETTE AND DEETER INC., ITS CONSIGNORS, EMPLOYEES OR AGENTS FROM ANY LIABILITY ASSOCIATED WITH INJURIES, DAMAGE OR DEATH THAT YOU, ANY PARTY, ANY PROPERTY OR ANY PERSON MIGHT INCUR FROM THE ATTEMPT TO FIRE ANY FIREARMS OR AMMUNITION PURCHASED FROM THIS AUCTION. 19. BIDDING ON ARTICLE(S) INDICATES YOUR ACCEPTANCE OF ALL OF THE TERMS & CONDITIONS TO THE BUYER: IT IS THE RESPONSIBILITY OF THE PURCHASER TO SATISFY THEMSELVES AS TO THE CONDITION, AGE, AUTHENTICITY, LEGALITIES AND VALUE OF AN ITEM BEFORE BIDDING ON IT.