Auction Terms & Conditions
Bidder Terms and Conditions We advise all bidders to read the Terms and Conditions of the Sale before bidding with Milestone Auctions LLC. Those who bid are bound by those Terms and Conditions of the Sale, as amended by any oral announcement or posted notices, which together form the contract of the sale between the successful bidder (purchaser), Milestone Auctions and the seller (consignor) of the lot.TERMS OF SALE When bidding on any lot offered by Milestone Auctions, the bidder indicates acceptance of the following Terms of Sale. Any participation in the auction binds you to agreement of these terms whether or not you read or understand said terms.
CONDITION OF ITEMS Milestone Auctions makes every effort to accurately describe all items offered in its sales, however all items for sale are 'as is,' and it is the bidder's responsibility (present or absentee bidders) to determine the exact condition of each item. Milestone Auctions will not be held responsible for typographical errors. Neither we nor the consignor make any guarantees, warranties, or representation expressed, or implied, in regard to the property or the correctness of the catalog or other description of the authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibition, literature or historic relevance of the property or otherwise. No statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been restored. The consignor and we make no representation or warranty as to whether the purchaser acquires any reproduction rights in the property. Returns will not be accepted under any circumstances. All items will be available for preview 7 Days prior to the auction. All items are sold for display purpose. If electrical, mechanical, or other working parts are inoperable even if working at the time of sale we are not liable due to the inherent nature of the age of these antiques and items. FIREARMS ? All firearms transfers will be in strict accordance with all International, Federal, State and local laws. Be sure to check your country, state and local laws before bidding. If you are unable to import, purchase or own a firearm according to your residency laws, do not bid on these items. If you bid and find out later you cannot legally own/accept delivery, the bid is still a valid contract that the buyer must pay.? Modern Firearms (post 1898) will be noted with a asterisk (*) at the end of the description.? Checkout and pickup at our location:o The same person to whom the bidder number is registered must be the person to pick up the firearm(s) at the conclusion of the sale ? Federal Law disallows anyone else from accepting the transfer. o Modern firearms sales to non-licensed bidders who are picking up guns at our location will require the completion of a background check. Handgun purchases also require an form/background check for each handgun purchased. This process to fill out forms and obtain a response may take 5-10 minutes. Any applicable state fees associated with these checks will be added to the customer?s invoice.o If you are ?Denied? by FBI / NICS background check, you will not be able to take possession of the firearm and the firearm will be consigned to the next available firearm auction. If you do not pay for the item in full, bidder will be blocked from participating in future firearm auctions.o If you are appealing a ?Deny? decision, we will hold the gun only if you pay in full for the item. o Licensed bidders, i.e. Federal Firearms Licensees or Curios & Relics License holders must present a current signed copy of their license. (C&R licensee purchases must conform to the ATF C&R requirements). ? Shipping Non-Residents of Ohio may not pickup modern handguns. Any firearms shipped are legally required to be shipped to an ATF licensed FFL dealer within your state of residence for transfer and pickup. You will be responsible for all shipping and transfer costs incurred. o Modern Handguns are required to be shipped via Priority. o Modern Long Guns are shipped via ground to the FFL dealer. o Upon paying for the gun you can contact a licensed dealer to send their FFL to firstname.lastname@example.org with the paid invoice number notated.o Milestone Auctions will not be responsible for exporting modern firearms or any ammunition. Buyer will need to locate a US Dealer that can export these items to their country.? Long guns will only be sold to persons 18 years of age, or older. Handguns will only be sold to those persons 21 years of age, or older. Dealers are bound by these minimum age requirements.? Since all firearms sold are ?collectible? items, Milestone Auctions does not test the safety or warrant functionality of these firearms. All firearm purchases should be examined by a certified gunsmith prior to shooting.Milestone Auctions reserves the right to deny the sale of a firearm to any buyer.GAMING DEVICES - These items may be held for up to 5 business days so the state agencies can verify the purchaser's information. All auction participants are urged to check the legality of possession and/or shipment of gaming devices to their state of residence. Any gaming device purchased at the auction shall be used for the purposes of display or social entertainment within the private home or residence of the buyer and such devices shall not in any event or manner be exposed to the public for the purpose of gambling.Grading Scale:Near Mint Plus 97% - 100% Near Mint 90% - 96% Excellent 80% - 89% Very Good 70% - 79% Good Below 70%
BIDDING RIGHTS & RESPONSIBILITIES The auctioneer will determine the highest bidder. The auctioneer alone has the right to reopen the bidding of an item if deemed necessary due to a dispute. If there is a tie bid between the floor and Internet or absentee bid, the floor bid takes precedence. Milestone Auctions and its representatives reserve the right to remove those attendees who impede preview and/or the auction. Title to all merchandise shall pass to the highest bidder at the fall of the auctioneer's hammer. The buyer will then assume all risk and full responsibility of the lot purchased once ownership has changed. -ABSENTEE BIDDING - Milestone Auctions will accept absentee bids if pre-authorized by mail, fax or through our website online. Absentee bidders must use the absentee bid form and clearly mark the lot number, title and maximum bid amount. Absentee bidding forms may be accessed online at our website. If there are two (2) identical bids placed on the same item, priority will be given to the first bid received. All bids must be left in increments as explained on our bid form. If a bid is 'out of increment,' the auctioneer has the right to round the bid up to the next correct increment. Bidders may preview, register and place bids online through our website. Online absentee bidding through Milestone Auctions is available until 30 minutes prior to the beginning of the sale. Absentee bids placed through our website will be auto charged to the credit card entered 48 hours after the end of the sale. If you wish to pay by another method please contact us within 48 hours after the sale. Seller(s) agree to allow the Auctioneer to accept and execute absentee bids in a competitive manner for potential buyers and under the Milestone Auctions absentee bidding terms and conditions. During the live sale, the auctioneer will execute your absentee bid competitively up to the maximum amount you have indicated. -ONLINE BIDDING - Online bidding through Live Auctioneers, and Proxibid is also available; all Terms and Conditions still apply. If there is a tie bid between the internet bidding venues and the floor, the floor bid takes precedence. If a credit card has been provided to one of the online bidding platforms, Milestone Auctions reserves the right to use and charge the credit card if the winning bidder has not paid via another method by the 10 day term in Payment Terms below.-TELEPHONE BIDDING - Requests for phone lines must be received at least three (3) days prior to the auction date. Milestone Auctions cannot guarantee phone lines but will make every attempt to accommodate those who wish to participate through that method. Phone lines are provided on a first come first served basis. Please call 440-983-1890 to request a call from our representatives during the live auction. BID INCREMENTS Bid increments listed are a general guideline. Actual increments are at the auctioneer's discretion. If a lot does not receive a bid of 25% of the low estimate, the lot will be passed by the auctioneer.$0-$300'$10 $300-$1,000'$25 $1,000 -$2,000'$50 $2,000-$5,000 $100 $5,000-$25,000 $250 +' Auctioneer's discretion RESERVES The majority of our items are unreserved, but occasionally items may carry a moderate reserve. Please note that when a lot carries a reserve, the reserve is usually somewhere below our low estimate. In the case of a reserved item, the seller has authorized the auctioneer to bid on their behalf until the reserve price is reached. BUYER'S PREMIUM A 20% buyer's premium will be added to all successful bids and is payable by the purchaser as part of the total purchase cost. A 2% discount is applied to payments made with: cash, check or money order. Split payments are subject to a 20% buyer's premium if a credit card is used as any form of total payment.
SALES TAX- Any Buyer from the following States are subject to sales tax Ohio, Illinois, Indiana, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, Pennsylvania, South Dakota, Wisconsin even when the item is shipped unless the buyer provides a current state exemption form. PAYMENT All merchandise must be paid in full within ten (10) days of the date of the sale. Purchases totaling $20,000 or more must be paid within three (3) days of the date of the sale. Call 440-983-1890 to pay your invoice by phone or mail payment to: 3860 Ben Hur Ave Unit 8, Willoughby Ohio, 44094.Absentee bids placed through our website will be auto charged to the credit card entered 48 hours after the end of the sale. If you wish to pay by another method please contact us within 48 hours after the sale. We accept Visa, MasterCard, Discover, American Express, personal checks/ certified checks, wire transfer, money orders, and cash. -CREDIT CARD - For first time buyers and credit card charges greater than $2,500.00 buyers must complete the bottom portion of the invoice and must specifically sign the acknowledgement of our terms of sale before we will accept payment via credit card. We do offer the convenience of paying automatically by credit card. If you wish have your card automatically charged for all purchases please complete our 'Authorization for Automatic Credit Card Use.' We have this form available upon request. Split payments are subject to a 20% buyer's premium if a credit card is used as any form of total payment.-CHECK - There will be a $30.00 service charge for returned checks. Make checks payable to: Milestone Auctions LLC. Milestone Auctions reserves the right to hold items paid for by personal or company check until said check clears (14 days). Milestone Auctions has the right to hold all checks over $2,000.00. Customers who have an established successful buying history with Milestone Auctions may be exempt from this. We will accept a personal or company check >$2,000 and/or from a first time buyer if you provide a Bank Letter of Credit, available on our website.In the few situations where a successful bidder does not remit payment when due, Milestone Auctions will proceed with the legal steps necessary to protect its interests and will block the bidder from future auction participation.PACKING/SHIPPING-It is the bidder's responsibility to take shipping and handling costs into consideration when bidding on items.-Packaging, shipping, and insurance on items will be available to successful bidders. Applicable charges will be applied. -BIDDERS PRESENT AND TAKING ITEMS AFTER AUCTION ' Items paid for must be packed, transported and/or removed by the purchaser at his/her own risk after the close of the sale. If any employee or agent of Milestone Auction shall pack or transport the merchandise, it is fully at the risk and responsibility and expense of the purchaser. Milestone Auctions shall not be held liable for any loss or damage that may be caused by the said agent or employee. All items not removed after the close of the sale may be shipped to the buyer at their expense or may be moved or stored by Milestone Auctions. Fees, rates, and insurance will be charged accordingly to the buyer. -BIDDERS NOT PRESENT OR NEEDING SHIPPING - Shipping and handling charges will be added to the invoice and are NON-REFUNDABLE. Shipping will be based on actual costs via FedEx, FedEx Freight or USPS (best way). Handling and insurance will vary in cost depending on each invoice. All packages will be shipped with insurance. Items will ship seven to fourteen (7-14) business days after payment is received. -INTERNATIONAL SHIPMENTS ' Milestone Auctions has the availability to ship to international bidders. By law, Milestone Auctions cannot and will not declare lesser values for any international purchases and all shipments will include the invoice with purchase totals including the buyer's premium and shipping cost. All international bidders are responsible for paying all customs and duties on the items.-LARGE SIZE ITEMS - Please inquire about shipping costs due to the size restrictions of freight shipments. A third party shipment may be necessary for larger items. Call for more information, 440-527-8060 POST SALE RETURN POLICY Milestone Auctions hires knowledgeable experts to provide catalog descriptions on the merchandise we sell. Every effort is made to ensure those descriptions are accurate and that they fully disclose any exceptions to condition. Buyers who wish to report a problem with a purchase they have made must notify Milestone Auctions within three (3) days of receipt of their purchased item. A Return Authorization Number (RA#) must be issued by Milestone Auctions before you ship anything back to our address. Any items arriving without a return authorization will not be given a refund. The item in question must be shipped with the RA# on the outside and inside of the package, with full insurance, so it arrives at Milestone Auctions within one week of the aforementioned authorization. All rights reserved. Entire contents copyright 2014, Milestone Auctions LLC. Copyright includes, but is not limited to, print media, microform and electronic media, such as CD-ROMS and online computer services.
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.