Auction Terms & Conditions Terms & Condition of Online Only Auction
o If you have questions, please ask. Communication can solve most issues before they are an issue. Gibbs Auctions, LLC wants our events to be a pleasant experience for all participants.
o As this is an online only auction, we reserve the right to cancel or reopen the auction in the unusual circumstance of system failure at online auction Site. Gibbs Auctions, LLC or its Sellers cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continuous, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Gibbs Auctions, LLC, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items/lot that were affected by any malfunction. The decision of Gibbs Auctions, LLC is final. Buyer agrees to indemnify Gibbs Auctions, LLC, its affiliates, or clients for any losses. Buyer will not hold Gibbs Auctions, LLC, its owners, affiliates, clients or employees liable for accidents, injury, theft or incidents related to this purchase.
" All items and equipment offered for sale are sold "As-Is, Where-Is". Catalog descriptions and photos provided are intended to serve as a guide. However, descriptions and photos are not a guarantee. As an online auction bidder, you are responsible for your own inspections. Any questions should be addressed before a lot sells. Preview date(s) are scheduled for your inspections.
" Online Auction Registration: To be a bidder in this online only auction, you will need to register online at www.gibbsauctions.hibid.com. A credit card is required to complete the registration process. You have several other options for payment upon successful winning of an item, but please notify the Auctioneers in advance how you wish to pay or your card will be processed for your winning amount. Please note that hibid.com is an international auction bidding platform used by many auction companies. Previous declines on your Hibid record can result in the denial of bidding privileges. We do screen all registrations.
" Online Auction Bidding: A bid placed in an online auction is exactly the same as in a live auction. Your bid is an irrevocable offer to buy the item or items at the bid price provided that your bid meets any reserve price (if applicable) and is the winning bid at the close of the auction. The winning bid on an item is the highest bid on that item. If there is a bid tie, the bid placed earliest would be the winning bid. The act of placing a bid on an item does constitute entering into a binding legal agreement with Gibbs Auctions and our consignor to buy the item or items at the winning bid price in agreement with the terms and conditions of both the item listing and rules of the site. It is your responsibility as bidder to resolve any questions you may have about an item by contacting and receiving an answer from the item's consignor or Gibbs Auctions prior to placing a bid. Please do not bid if you are unsure or have questions. Once you have placed a bid, it cannot be retracted/cancelled without the permission of Gibbs Auctions. All items may have a minimum bid and are subject to bidding increments. When you bid on an item, you authorize Gibbs Auctions to release your name, address, phone number and email address to the consignor of the item you are bidding on. Auctions cannot be extended due to technical issues you may experience. It is important to bid early to avoid any issues. Your bidder number and profile are not transferrable to any other persons or parties. Any and all bids made by a holder of the bidder number are the responsibility of the buyer. A winning online bid establishes a binding, legal contract of sale. Gibbs Auctions reserves the right to refuse or revoke the privilege of bidding at any time.
o If auction terms and conditions are not complied by the winning bidder, Auctioneers may hold the winning bidder responsible for the total purchase price. Auctioneers have the option to cancel the sale and retain all payments and deposits made by the winning bidder or resell the item(s).
" 2 % Buyer's Premium. If an item sells for 100.00, the Buyer's Premium would be 2.00 for an invoice total of 102.00
" Any firearms purchased must be paid for in Cash, Approved Check or Wire Transfer. By bidding, bidder certifies they are legally able to possess. All firearms must be transferred to buyer through local FFL at buyer's expense.
" Payment Forms Accepted: Cash, Approved Check, Approved Cashiers/Certified Check, or Wire Transfer. Cash, Certified Check and Wire Transfers preferred. Major Credit Cards also accepted with a 4% Credit Card Fee added to the invoice total. All methods of payment require identification. Any payment fraud will be pursued fully. If you are paying with something other than credit card, please let the auctioneers know in advance as credit cards will be processed if it isn't communicated that you would prefer to pay another way.
" Nonpayment: The result of all nonpayment activity is a ban of the nonpaying buyer's profile from not only Gibbs Auctions online auctions, but also our live auctions. A nonpaying bidder authorizes Gibbs Auctions to share your profile and nonpayment information with fellow users of the Hibid platform. This helps ensure a healthy bidding platform and a fair auction experience for bidders, consignors and auctioneers.
" Removal of Purchases: No purchases can be removed until payment has been made in full and payments have cleared. Please arrive for removal with any straps, chains, rigging, flags you may need. Item quantities need to be verified before removal as no allowances can be made for shortages and claims once the item(s) are removed from the auction location. Winning bidders should remove their purchases on the scheduled removal day unless prior arrangements have been made with Gibbs Auctions and/or the auction consignor. Items must be paid for and picked up within 2 weeks.. Items remaining after that point will be considered abandoned and ownership claims are forfeited. A $25 per day storage fee may apply if your item isn't picked up on loadout day and no arrangements have been made. Titles and transfer documents are normally mailed out within 14 days of the auction close provided full payment has been received. All items must be paid for and up at scheduled times posted or agreed upon. If you don't pick up your items as required and agreed upon, the item(s) will be considered abandoned and you can lose any rights, interests or titles to the item(s) and the item(s) will revert and repossess to Gibbs Auctions. No further notice to you is required and your payment will be forfeit. As a buyer, you can't transfer, dispose of, or assign your rights to any item(s) you had the winning bid on until you have made payment in full.
" Shipping of Purchases: Gibbs Auctions does not provide shipping services. We do normally have some loading assistance available on the scheduled pickup/removal date.
" Storage: We do not store purchases. Purchases not picked up from the auction site on the pickup/removal date may incur a $25 per day storage if prior arrangements have not been made. It is important and respectful of the consignors and auction locations that your purchases be removed promptly so they are not considered abandoned and ownership forfeited.
" Additional Terms & Conditions:
o Anyone attending the preview, inspection or removal of items assumes all risks of loss/damage to persons, property, and merchandise. As a participant in the auction experience you need to exercise proper safety precautions at all times to protect yourself, other attendees, property and merchandise. Participants must comply with all health and safety requirements as directed by the auctioneers, local, state and federal regulations.
o As a buyer, you assume all risk of loss at the time of payment. Your claim will be limited to the amount paid for the merchandise and does not extend to any obligations, risks, liabilities, rights, claims, remedies for loss of profits, revenue or use, any liabilities of the you, as buyer, to any third parties, personal injuries, or any other damages be they incidental, consequential, direct or indirect.
o As a buyer, you agree to hold harmless, indemnify and protect Gibbs Auctions, its representative, agents and employees from any and all claims, demands, damages, losses, liabilities and attorney's fees levied against, imposed upon or enacted against Gibbs Auctions, its representatives, agents and employees that result from the negligence of the buyer, buyer's representatives, buyer's employees or buyer's agents at, in or about the auction location during auction preview(s), sale or pickup and removal of purchases.
o All sales transactions are to be completed in accordance with Local Laws and Laws of the State of Montana. If any part of these terms and conditions is found to be unenforceable, invalid, or illegal, the remaining terms and conditions remain in full force and affect.
" Court of Law:
" Any winning bidder who does not complete the transaction they initiated with a winning bid may well be pursued in a court of law for any damages allowed by law, including but not limited to the auctioneer's loss of commission, loss of buyer's premium, loss of time, and attorney's fees.
" If a dispute should arise from an online auction and its terms and conditions, it will be governed by and interpreted in accordance with the Laws of the State of Montana. Any claims against Gibbs Auctions must be brought in the "District Court of Custer County, Montana, USA." As an auction participant, you consent to the jurisdiction of this court.
o All sales are considered Final with no Exceptions. Merchandise offered can often vary in its condition. As a Bidder and potentially a Buyer, A) you agree and understand that merchandise samples and descriptions provided or furnished online is for the sole purpose of identification. Theses descriptions and samples do not create any expressed or implied warranties that the merchandise conforms to the description or sample. Preview times are provided to ensure that you can view the items in person for your own inspections; B) you agree and understand that as the buyer, all merchandise is sold "in place," "with all known and unknown faults or defects," "as-is, where-is." Gibbs Auctions makes no guarantees or warranties by written, oral or implied means as to the condition, quality, quantity of, usability, salability, weight, measurements, year, location, performance, mechanical condition, fitness for any particular purpose, or any other specifications. Previews are provided for you to determine these items. Descriptions and photos are provided as general guides and should not be relied upon by the buyer for bidding and buying. By submitting your bid, you are confirming that you have inspected the merchandise at one of the previews or that you are waiving your right to inspect before you actually place your bid. As a bidder, you are responsible for your own inspections and research. In bidding and buying, you confirm that you have had able time and opportunities to inspect the items before the lot closes: normally at a Preview day. If the buyer fails to inspect and research before bidding, they agree that there is no recourse of any kind.
*All auction bidders and buyers acknowledge and consent to the listed Online Auction Terms and Conditions by registering with this auction.
Seller User Terms
Bidder User Terms