Auction Terms & Conditions
GENERAL TERMS & CONDITIONS:
1. There is a BUYER'S PREMIUM on each lot purchased. Minimum buyer's premium is 19% and for some auctions may be higher.
2. For Payment and Shipping see other sections of this auction posting for details.
3. TAXES: 6% Michigan Sales Tax will be charged for items shipped to Michigan addresses. No sales tax for U.S. Coins, Currency and Stamps. If buyer provides a copy of a valid Michigan resale license, state taxes will not be charged. Buyers from outside of the U.S. may be subject to customs and importation fees levied by their country. Payment of such fees is the responsibility of the buyer and is not a basis for refusing or returning a purchase for refund.
ADDITIONAL TERMS & CONDITIONS:
1. All property is SOLD AS IS, and ALL SALES ARE FINAL with no returns or refunds without express permission from Pace & Hong. By registering, bidding, winning and purchasing an item, buyers paying with a credit card or PayPal agree to waive Chargeback rights and agree to resolve problems privately and directly with Pace & Hong. In the rare event Pace & Hong accepts a return, a re-stocking and return fee of up to 35% of the purchase price may be charged; additionally the buyer may be required to pay for return shipping and insurance. Items cannot be returned to Pace & Hong Auctions without PRIOR APPROVAL and a proper RMA issued by our office.
2. By registering, providing a credit card number, bidding or purchasing any item, the Registrant, Bidder or Buyer shows full acceptance, which is entirely equivalent to an actual signature on a printed copy of all Terms & Conditions, including those of the auction hosting service, any addenda or otherwise-conveyed Terms & Conditions disseminated during the closing auction or selling event when winning Buyers are determined. These Terms & Conditions also apply in their entirety to all other retail, wholesale and direct sales between Buyers and Pace & Hong Auctions. The Registrant, Bidder or Buyer also acknowledges that all inspection, discovery and due diligence for any lots bid upon or items otherwise purchased have been completed to his/her satisfaction prior to bidding. In the event any disputes arise between the Registrant, Bidder or Buyer and Pace & Hong Auctions, all parties agree to resolve such disputes through binding arbitration to be held in Alpena County, Michigan in accordance with the rules of the American Arbitration Association. The prevailing party in such arbitration shall be entitled to recover its legal fees and costs, which shall be awarded by the arbitrator, whose award shall be final and binding with no rights to appeal.
3. Items are open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinating factor. Pace & Hong Auctions may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations, certifications or guarantees.
4. In no event shall Pace & Hong Auctions be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
5. Bidders who bid from off-site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determining factor.
6. The auctioneer has the sole discretion to advance the bidding and may reject a nominal advance, should it in his estimation prove injurious to the auction.
7. The auctioneer shall be the final judge in all bidding disputes and shall name a bidder as the winner.
8. Pace & Hong Auctions shall not be held responsible for any "missed" bids or bids unseen or unheard by the auctioneer.
9. If a High Bid is simultaneously submitted by more than one bidder, whether online, from the live audience or absentee, the auctioneer will determine the winning bid.
10. Pace & Hong Auctions shall not be held responsible for the consequences of computer or Internet failure.
11. Pace & Hong Auctions reserves the right to withdraw or re-catalog items in this auction.
12. Pace & Hong Auctions reserves the right to refuse service or decline registration to any person.
SALE OF FIREARMS:
$12.00 transfer fee applies for each FFL firearm purchased and delivered to the buyer at our Auction House. $20 transfer fee applies for each FFL firearm purchased and forwarded to another FFL dealer for delivery to the buyer. (Firearms subject to ATF rules can only be sold and transferred to owners within the U.S. Not all firearms are subject to FFL handling rules. Contact us regarding specific firearms we are offering for sale.)
Following Special Terms & Conditions are in addition to the regular Terms & Conditions for any of our auctions.
1. Firearms and ammunition are NOT specifically guaranteed or warranted for shooting. A purchased firearm should be inspected by a competent gunsmith for safety, function, and proper ammunition type before attempting to fire. Any description of mechanical function or condition does NOT mean the firearm has been professionally inspected or is OK for shooting. Ammunition of unknown origin should not be fired; the ammunition in this sale is sold for salvage of components or as collectibles only.
2. Sale and transfer of firearms to a buyer are subject to local, state and Federal regulations. Interpretation and compliance with such rules shall be the sole decision of the FFL verifying the buyer and transferring the firearm, unless there is clarification or specific direction by the appropriate Authority.
3. All firearms must be transferred through a FFL (Federal Firearms License) holder, i.e. licensed gun dealer or gun shop. Pace & Hong Auctions is a FFL holder and can transfer firearms to buyers from their Alpena, MI auction house or, for the convenience of non-local buyers, by arrangement with FFL holders throughout the U.S.
4. It is the responsibility of the buyer to make sure their purchase does not violate any applicable regulations. If a buyer fails to qualify under applicable regulations he will own a firearm where he will be unable to take possession. If Pace & Hong agrees to void the sale, the firearm must be returned in unchanged condition and there will be a 35% service charge plus appropriate Shipping and Handling charges. Please do not bid if you are unsure about qualifying and being able to take possession from your FFL dealer.
5. In Michigan you must be 18 or older to buy rifles or shotguns and 21 or older to buy handguns. Age requirements may vary in other states. You must identify yourself with a government issued ID that is current, shows a valid address and photo.
6. Buyers who cannot personally take possession at our Alpena auction house are responsible for selecting a FFL holder at a location convenient to the buyer. A properly documented copy of the receiving FFL holder's license must be received and verified by Pace & Hong Auctions prior to shipping. Buyer is responsible for fees associated with the transfer and shipping of firearms.
7. Items will be transferred to the buyer at our Alpena Auction House as soon as successful verification can be completed. Transfers through other FFL holders will be shipped within 3 business days of successful verification and payment of all charges and fees.
8. NOTE: ATF rules indicate that buyers may be put on delay for up to 3 days.
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.