Auction Terms & Conditions Centurion Auctions, LLC (Centurion Auctions)
Bidders participating via any bidding medium (in-person, by telephone, by proxy-agent, by written or telephone absentee bid or via the Internet) agree to be bound by these terms of sale. Prior to agreeing to the terms or executing a bid, please read all terms of sale. Executing a bid constitutes agreement to the terms of sale and is a binding contract to purchase the lot.
1. SHIPPING or LOCAL PICKUP:
Shipping - Items requiring shipment will be shipped by Centurion's in-house shipping department or in some cases a 3rd party shipping agent. Although best-effort is made to ship items in-house, those considered over-size, fragile, framed or complex may be outsourced to a 3rd party shipping agent. Please allow up to 14 business days after receipt of cleared invoice payment for purchases to be packed for shipping. For accuracy of the shipping cost, shipping is calculated and invoiced separate from the auction purchase invoice. Once shipped, buyers receive their shipment tracking information by email. Non-Firearms Domestic shipments are sent via USPS, FedEx or UPS. International shipments are sent USPS Express or Priority Mail International. Firearm shipments are sent by FedEx. All Domestic shipments include mandatory insurance, tracking, and signature delivery confirmation. International shipments cannot be insured and are sent at the buyers' risk. Centurion must be notified of shipping claims, damage or loss within 7 days of receipt. Centurion Auctions assumes no responsibility for lost or damaged items received through shipment. All shipping damage / loss claims must be processed and resolved through the organization by which they were shipped or insured. Absolutely no refunds or claims may be submitted beyond 7 days of receiving a shipment.
Local Pickup - Buyers are able to pick their items up in person from Centurion's Gallery: 1668 Capital Circle SE., Tallahassee FL 32301. All local pickups are by appointment and must take place within 15 days of the auction.
Accurate descriptions are provided for each individually described item in the auction on a best effort basis and are not intended to be definitive scholarly works or appraisals. Conditions provided are only the opinion of the auction house. The bidder is ultimately responsible for determining the condition of a lot. Unless otherwise described, single item lots are guaranteed authentic. If a guaranteed item is deemed "not" to be authentic by a panel of 3 competent authorities or at the discretion of the Auctioneer, a full refund of the purchase price and buyers premium shall be the limit of liability of the auction company and or its representatives. All Returns must be pre-authorized and made within 10 days of receipt of purchase. All guarantees are void beyond 10 days of receipt of your purchase, or if an item has been tampered with, enhanced, altered, damaged or removed from original mounting. Lots of more than a single item of any product are intended as "dealer" lots. Lots of more than a single item (a dealer lot) are sold 'as is, where is ' absolutely no exceptions, warranties or guarantees', and the ultimate determination as to authenticity and condition is the responsibility of the bidder. Centurion has the right to withdraw any lot. Centurion reserves the right to cancel / nullify the sale of any lot sold through auction.
3. ABSENTEE BIDDING:
Absentee Bidding is used by those who cannot attend the auction in person. Absentee bids may be submitted via email, our website, Internet bidding websites, mail or fax. In submitting an absentee bid, the bidder agrees to all terms and conditions. Centurion cannot guarantee the execution of absentee bids.
4. TELEPHONE BIDDERS:
All telephone bids must be submitted no less than 24 hours prior to auction. Telephone bids may be submitted via email, our website, mail or fax. Telephone Bidders must be willing to bid at least the minimum opening bid of the lot. Telephone bidders agree to all terms and conditions. Centurion cannot guarantee the execution of telephone bids.
The highest bidder acknowledged by the auctioneer shall be the purchaser. Once a bid is announced 'sold', the high bidder acknowledged by the auctioneer has purchased the lot. In executing a bid, the bidder is agreeing to purchase the lot. All sales are binding and final.
6. BUYERS PREMIUM:
A buyer's premium of 20% applies to all bids. Buyer's premium is added to the hammer price of each lot. According to Florida law, the Buyer's Premium is considered a component of the purchase price, and is therefore subject to state and local sales tax.
We do not auto-bill credit cards used in the registration process. All bidders, regardless of venue by which they bid, are required to pay within 7 days of auction. Accepted forms of payment are cash, check, bank wire, MasterCard & Visa. Centurion reserves the right to require payment by bank wire or check. If payment is not received with 7 days, Centurion has the right to deem the sale "null & void" and a non-paying bidder claim will be left. We reserve the right to verify funds on personal checks. A $35 fee will apply to all returned checks. Invoices must be paid in full. Partial invoice payments are not accepted. The full purchase price on all lots sold to the same buyer must be paid before removal of any of the items.
8. SALES TAX:
Shipments going to Florida addresses and bidders picking up in person are required to pay applicable Florida state and local sales tax on all taxable items purchased. Tax exempt bidders must have a current copy of a Sales Tax ID / Re-Sale Certificate on file with Centurion
In an instance of a reserve, the auctioneer will announce the lot being sold as 'having a reserve'. The reserve will never be greater than the low estimate. If a lot is offered with a reserve, Centurion may implement that reserve by bidding on behalf of the consignor to the amount necessary to achieve the reserve price. This bidding will not constitute opening bidding. If no opening bid is received, Auctioneer will pass the lot. However once bidding is opened the auctioneer will bid on behalf of the consignor to reach the reserve price.
All purchasers are required to complete registration, including Full Name, Address, Phone, Email, Signature and Drivers License Number. Those not willing to disclose this information cannot take part in the auction. PLEASE MAKE SURE ALL INFORMATION IS ACCURATE & UP TO DATE AT THE TIME OF REGISTRATION. Centurion is not responsible for any delays or losses due to false or incorrect information provided at the time of registration.
The bidding advances shall be regulated by the auctioneer and shall be at his discretion. Centurion reserves the right to determine the opening bid / minimum bid on any lot. The auctioneer reserves the right to pass / no sale any lot. The auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. Once a lot has been passed and not sold it will not be re-offered in the same auction. Items which are not reserved are sold at the auctioneer's discretion. The auctioneer has the right to refuse any bid. The Auctioneer reserves the right to execute absentee bids on behalf of clients and vendors, but shall not be liable for errors or omissions in executing instructions to bid. Omnia and the auctioneer act as agent only, and shall not be liable for any default of the purchaser or vendor.
12. BID INCREMENTS:
All bids, including absentee and Internet must be on increment. The auctioneer reserves the right to deviate from the established increment at their discretion. Increments are as follows: $0 - 400: $10 $401 - 800: $25 $801 - 1500: $50 $1501 - 5000: $100 $5001 - 10,000: $200 $10,001 - 20,000: $250 $20,001 - 40,000: $500 $40,001 - 100,000: $1000 $100,001 - Greater: $2000
13. DISPUTE or TIE BETWEEN BIDDERS:
In the event of any dispute between bidders or a tie bid between any bidder, bidding medium or platform, the auctioneer has sole and final discretion to determine the successful bidder and award the winning bid. The auctioneer’s sole resolution of dispute is final.
Consignors are not permitted to bid on their own items for the sole purpose of advancing the bid. This is called "shill bidding" and is illegal by Florida Auction Law standards. By placing an item up for auction, a consignor has contractually agreed to sell by the terms of the consignment agreement.
15. GENERAL TERMS & INFORMATION:
Employees and associates of Centurion are permitted to purchase lots at competitive bidding under the same terms, rules and regulations as the general public. By bidding at this auction whether in person or by agent, absentee bid, telephone bid or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Leon, State of Florida.
16. INTERNET BIDDING:
Bidders are able to bid via the Internet. If bidding live via the Internet, please bid quickly. The auction moves at approximately 70-90 lots per hour. If leaving absentee Internet bids, please consider leaving a reasonable bid. The Internet venue will incrementally (in accordance with standard bid increments) execute bids on bidders' behalf until your bid is either successful or exhausted. This means, if the bidder leave an Internet absentee bid of $500, and the winning bid increment is $350, the bidder is successful with the winning bid of $350. Internet bidders may be required to agree to additional terms established by the Internet bidding venue. Neither Centurion nor the company providing the online bidding service or platform is responsible for a missed bid or for the failure of the online bidding platform to function properly.
17. MINIMUM OPENING BIDS:
Centurion determines and establishes minimum opening bids for each lot. In most cases, the minimum opening bid is 75% of low estimate for a given lot. A lot may be passed / not sold in the case a minimum bid is not met. Auctioneer, during the course of the auction, has discretion to revise a minimum opening bid.
18. APPROVAL TO BID:
Centurion has sole discretion to approve or decline a bidder at anytime.
In the event of a Technology issue of any type, Centurion reserves the right to stop the auction, extend the bidding, pause bidding, cancel the auction, reschedule the auction, or to remedy the situation in any other way they see fit. Examples of this situation, may include but are not limited to, issues with technology, servers, computers, the Internet, online bidding platforms, or telephone service.
Centurion reserves the right, for any reason whatsoever, to delay, cancel, postpone, or reschedule the auction.
21. FIREARM LAWS & TRANSFER:
All Federal & State Firearms Laws Apply. All buyers of firearms subject to State and Federal law must complete the applicable transfer paperwork. Dealers must have in their possession on the day of sale, signed copies of their Federal Firearms License in order to accept same-day delivery of modern weapons. Prior to bidding, all buyers should verify their state & local laws as they pertain to firearms. Laws vary greatly by state and local government. Please do not bid unless you understand the firearm laws where you reside and have confirmed you are able to own the firearm or firearms you plan to bid on. Out of state buyers purchasing modern firearms must go through a Licensed Firearms Dealer within their state for transfer of firearm purchases. A $5.00 Transfer Fee applies to each firearm transferred to a buyer through Centurion Auctions.
22. CLASS 3 FIREARMS:
All firearms designated as NFA / Class 3 must be registered in compliance with the NFA registry. A $200 federal tax payment is required each time a functional NFA firearm is transferred to or from a private owner. This fee, as well as the total invoice amount is due at the time of purchase and must be paid prior to processing the necessary transfer paperwork. The buyer of the Class 3 firearm will be required to complete 3 forms: 1) ATF Form 4, 2) fingerprint card, 3) ATF form 5330.20 Certificate of Compliance, and any State or Local requirement. These forms will be provided to you by Centurion Auctions. Note: if state or local law requires a permit or license to purchase, possess, or receive NFA firearms, a copy of the transferee's (buyer) permit or license must accompany the application. Centurion Auctions then mails the paperwork for the Federal Transfer Tax to BATFE. The BATFE can take up to 120 days or more for approval. Centurion Auctions will receive back one of the Form 4's (they are sent in duplicate) with a Federal Tax Stamp attached to it. This is given to the new owner when picking up the NFA firearm. No further tax is due. The following states are known to not allow individuals to own machine guns: California, Delaware, Hawaii, Illinois, Iowa, New Jersey, New York, Rhode Island, Washington D.C. and Washington. Although we have provided this list, laws consistently change, thus do not bid unless you are certain the laws in your state allow ownership of Class 3 NFA Firearms. SPECIAL NOTE: If you are a Class 3 SOT (Special Occupation Tax) payer (Dealer in Class 3 Weapons) you are able to transfer functional NFA firearms to or from other SOT payers and government agencies with BATFE approval, but without having to pay a transfer tax. Centurion Auctions makes no warranties or representations that the above-mentioned forms, fees, licenses, states, and/or approvals will be sufficient for you to own or use your purchased firearm(s). Consult with your federal, state, and local laws, law enforcement personnel, or legal counsel to make sure you may legally transfer to, own, possess, or use the purchased firearm(s) and that all fees, licenses and approvals are completed. It is your specific responsibility to determine your right to own and possess a Class III weapon before you bid on it. Successful bidders are responsible for payment of the lot, regardless of whether you can ultimately own it. If you have purchased a lot and later come to find that because of the state you live in or for other reasons that you cannot personally own the lot, you will still be required to pay for the lot.
ALL BIDDERS AGREE TO TERMS OF SALE.
FL AB3250, FL AU3798, Class III Firearm SOT, Federal Firearms Dealer
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