Auction Terms & Conditions Terms & Conditions: NOTE: ITEMS MUST BE PICKED-UP AND PAID FOR BEFORE THE END OF THE STATED PICKUP TIMES!!!
1. TERMS OF PAYMENT. At the close of the lot, the high bidder will have purchased the offered lot. All sales are final upon the closing of the lot. The purchase is subject to all terms and conditions set forth herein. The purchaser assumes full responsibility thereof. The purchaser further agrees to pay the Total Amount Due within 48 hours after closing of lots. Payment must be made by wire transfer, credit/debit card, or cash in person at our Wynne, AR location. Purchasers paying by credit card may contact Witcher Auctions and provide credit card info by phone. Payments are NOT accepted by mail. NO payments accepted at truck locations. NO ITEM WILL BE RELEASED WITHOUT RECEIPT OF PAYMENT IN FULL.
2. PICK UP: Each item "MUST" be picked up within 30 days from sale date, Monday - Friday, 8am - 5pm at the listed location after "PAID IN FULL" invoice has been received. Shipping is the buyer's responsibility, for shipping quotes contact Don Landis 1-863-675-8838. No loading dock onsite, trucks will need ramps.
3. TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions by which items listed by Witcher Auctions LLC will be sold. All bidders who participate by bidding in this auction agree to the terms and conditions of sale and are bound by same. Any notices, posted or oral, during the sale, are also part of our terms and conditions of sale agreement. Acceptance of a bidder card, bidder number, or online registration constitutes acceptance of these terms and conditions. THE AUCTIONEER IS NOT RESPONSIBLE FOR ANY ERRORS OF THE PURCHASER INCLUDING BUT NOT LIMITED TO THE PURCHASER BIDDING ON THE WRONG LOT.
4. BUYER'S PREMIUM AND SALES TAX. All bid prices "hammer prices" ("hammer prices" means the price at which a lot is knocked down to the purchaser) will be subject to a buyer's premium of 10% payable by the purchaser. This premium is added to the purchaser's successful bid amount. Sales tax will not be charged on this auction. The combined "Hammer price" and the Buyer's Premium together equal the total sale price.
5. METHOD OF PAYMENT. We accept Cash, Visa, MasterCard, Discover, American Express or Wire Transfer. We DO NOT accept Paypal or personal / company checks. A fee of 5% of the total sale price will be added to all credit card payments.
6. NONPAYMENT. Payment will not be deemed to have been made in full until Witcher Auctions has collected funds in full by accepted payment methods. If Witcher Auctions does not receive payment in full, in good cleared funds, by the end of the stated pickup times, Witcher Auctions LLC reserves the right to exercise one or more of the following measures, in addition to actions allowed by law: (a) to impose a late charge of $20 per week, whole or partial (b) to hold the defaulting Buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees, and costs to the fullest extent permitted under applicable law; (c) to cancel the sale; (d) to resell the property publicly or privately with such terms as Witcher Auctions LLC finds appropriate and hold the Buyer liable for any deficiency, cost, including handling charges, the expenses of both sales, Witcher Auctions LLC's commission on both sales, all other charges due hereunder, and incidental damages; (e) to block the Buyer from participation in future auctions; (f) to take other measures Witcher Auctions LLC deems fit. In addition, a defaulting Buyer will be deemed to have granted Witcher Auctions LLC a security interest in, and Witcher Auctions LLC may retain as collateral security for such Buyer's obligations to Witcher Auctions LLC any property in Witcher Auctions LLC's possession owned by such Buyer.
7. WITHDRAWAL Witcher Auctions LLC reserves the right to withdraw any property from the auction prior to the completion of the auction sale.
8. PROTESTS, DISPUTES AND THE AUCTIONEER. Witcher Auctions LLC reserves the right to reject any bid from any bidder. The highest bidder, acknowledged by the Auctioneer, will be the purchaser. The Auctioneer shall have sole and final discretion as to the disposition of any dispute including the re-offer and resale of any article in dispute. Witcher Auctions LLC's records will be deemed conclusive in all respects in the event there is any dispute after the sale.
9. FAILURE TO DELIVER PURCHASER'S PROPERTY. If Witcher Auctions LLC is prevented by fire, theft, or any other reason from delivering any property to the purchaser, Auctioneer's liability shall be limited to the sum actually paid by the purchaser and there shall be in no event include any additional incidental or consequential damages.
10. CATALOG AND OTHER DESCRIPTIONS. All statements by Witcher Auctions LLC in the catalog for the property or in the condition reports, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Witcher Auctions LLC attempts to catalog and photograph every lot correctly and will attempt to point out all defects but will not be responsible or liable for the correctness of the catalog, other descriptions or visual depiction of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or Buyer's inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Estimates of the selling price should not be relied upon as a statement of value for which the item will sell or its value for any other purpose. Neither Witcher Auctions LLC nor the Seller is responsible for any errors and omissions in the catalog or any supplemental material.
11. BUYER'S RESPONSIBILITIES. You, as a prospective Buyer, are responsible for personally examining or otherwise insuring satisfaction with all lots, in which You have an interest. By placing a bid, You signify that You have examined, or otherwise insured Your own satisfaction with the lot as fully as You desire; or that You have chosen not to examine, or otherwise insure Your satisfaction. If You require absolute certainty in all areas of authenticity, condition, etc., and the results of Your examination and/or other investigation leave uncertainty in Your mind, Witcher Auctions LLC recommends You have an independent expert examine the lot for You.
12. GUARANTEE. All property offered for sale is as is, where is. ALL SALES ARE FINAL. THERE WILL BE NO REFUNDS AND NO EXCHANGES. Witcher Auctions LLC does not guarantee or make warranties, written or implied, on any lot sold. Descriptions in the catalog are an opinion. They are written as an aid to potential bidders. Witcher Auctions LLC acknowledges that there may be errors in what is written. It is recommended that you personally view any item you bid on or have an acknowledged expert view the item. Statements regarding condition are opinions, not statements of fact or guarantees. Items offered for sale as described in the catalog or any bill of sale, advertisement, addendum sheet, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, or physical condition are qualified statements of opinion and not representations or warranties. No employee of Witcher Auctions LLC or any person purporting to act on their behalf is authorized to make, any representation or warranty, oral or written, with respect to any lot or item for sale.
13. ABSENTEE BIDDING. As a service to anyone wishing to place bids in advance of the sale Witcher Auctions LLC may accept bids on behalf of potential bidders. Purchaser acknowledges that Witcher Auctions LLC has a fiduciary duty to the sellers and no agency relationship is established with any bidders or purchasers. Purchaser acknowledges that Witcher Auctions LLC owes no duty to disclose the ownership of any item being auctioned. Any absentee bid will be executed as if the bidder was physically present and bidding on their own behalf. Witcher Auctions LLC assumes no responsibility for failure to execute any absentee bids for any reason whatsoever. All bidders wishing to leave absentee bids will be required to provide a valid credit card number, security code, billing address, and phone number.
14. RESERVE. Some lots may be offered subject to a reserve, which is a minimum price below which the auctioneer is not obligated to sell the lot. Witcher Auctions LLC may, at its discretion, disclose the amount of reserve. Witcher Auctions LLC may advance bids on items that are subject to reserve on behalf of the Seller.
15. TELEPHONE BIDDING. Telephone bidding will only be offered on items on which you are willing to provide a $500 opening bid. In order to bid on a lot over the telephone at the time it is being sold the bidder must contact Witcher Auctions LLC in advance to make arrangements. The bidder must contact Witcher Auctions LLC no later than 2:00 p.m. the day preceding the sale to make arrangements to bid via telephone. A representative of Witcher Auctions LLC will make every attempt to contact the bidder prior to the requested lot(s) going up for sale. Telephone bid requests may be emailed email@example.com. Witcher Auctions LLC assumes no responsibility for failure to execute phone bids for any reason whatsoever. Telephone bidding is not offered at every auction.
16. AUCTIONEER RECOGNITION OF BIDS. During the course of the auction, the auctioneer may accept bids from live audience bidders, live online bidders, online absentee bidders, onsite absentee bidders, and telephone bidders. The auctioneer reserves the right to advance bids in whatever increment they feel is in the best interest of the seller. In the event that the auctioneer accepts a bid from another bidder that equals the highest bid offered by an online absentee bidder, the bidder that the auctioneer recognized will win the bid regardless of when the bids were submitted.
17. ABANDONED LOTS. Any item that is not paid in full and picked up by the buyer within stated days will be considered abandoned, unless prior arrangements are made with Witcher Auctions LLC. Once an item is considered abandoned, there will be no refunds given to the buyer and the item will be disposed of in any manner deemed appropriate by Witcher Auctions LLC. Disposal fees may be assessed as needed.
18. DISPUTES UNDER THIS CONTRACT. Purchaser and Witcher Auctions LLC agree to mediate any dispute or claim arising between them resulting from the purchaser participating in the auction or any resulting transaction, with the exception of the failure of the purchaser to make full payment of the purchaser's obligations to Witcher Auctions LLC. In the event the purchaser fails to make full payment, Witcher Auctions LLC may, but is not required to, proceed directly to court. Furthermore, the purchaser and Witcher Auctions LLC agree that should Mediation be necessary, Mediation fees, if any, will be borne solely by the purchaser. Purchaser and Witcher Auctions LLC are required under the terms and conditions of sale to enter into Mediation before arbitration or any court action. If a party commences legal action other than Mediation without giving written notice to the other party, the party so commencing the legal action will not be entitled to recover attorney's fees even if they would otherwise be allowed in the action. All mediation, arbitration and court proceedings, whether in state or federal court, shall be filed and conducted solely within Cross County, State of Arkansas, and not in any other jurisdiction. Should Mediation not settle the dispute between the parties, the purchaser and Witcher Auctions LLC agree that any dispute or claim, in law or equity, resulting from the participation in the auction or any resulting transaction shall be settled in neutral binding arbitration utilizing the standards of American Arbitration Association and must be initiated and carried out in Cross County, State Of Arkansas. Any bidder or purchaser agrees that the election of restricting any and all claims to Arbitration is a voluntary decision and is evidenced by the bidder or purchaser's participation in the auction. The purchaser specifically agrees to the following: I have read the terms and conditions of sale and by my participation in this sale I agree all disputes arising out of my participation will be first submitted to Mediation, and if Mediation is not successful in resolving the dispute I then submit to neutral binding Arbitration with Witcher Auctions LLC and any other entity under this contract. No lawsuit shall be filed until a person has in good faith completed all Mediation and Arbitration proceedings as required hereunder.
19. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD "AS IS" "WHERE IS". NEITHER Witcher Auctions LLC OR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY OR AS TO WHETHER THE PURCHASER ACQUIRES ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN LOTS SOLD OR AS TO WHETHER A WORK OF ART IS SUBJECT TO THE ARTIST'S MORAL RIGHTS OR OTHER RESIDUAL RIGHTS OF THE ARTIST. ALL FIREARMS AND AMMUNITION ARE SOLD AS COLLECTOR LOTS ONLY. FITNESS TO FIRE OR OTHERWISE DISCHARGE THE ARM OR AMMUNITION IS EXPRESSLY DENIED BY Witcher Auctions LLC. A COMPETENT GUNSMITH SHOULD BE CONSULTED BEFORE ATTEMPTING TO USE OR FIRE ANY FIREARM OR AMMUNITION. THE PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL Witcher Auctions LLC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
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