Auction Terms & Conditions
Payment and Removal:
All accounts are to be settled within 5 days past the end of sale. Preferred methods of payment include: US dollar by cash, money order, cashier's check, wire transfer, Visa & MasterCard payments are accepted but will incur a 4% processing fee. Only amounts under $1,000.00 can be accepted over the phone when using Visa or MasterCard, larger amounts can only be accepted in person with a physical swipe of the credit card. Check payments are accepted with all merchandise being held for an additional 10 days to insure check payment properly clears. Quinn's Auction Galleries-Central Virginia reserves the right to hold all merchandise paid for by check until such check has cleared and receipt of funds is verified. There will be a $100.00 fee on all returned checks. Please contact Quinn's Auction Galleries-Central Virginia for domestic & international wire transfer information. The buyer is responsible for any and all fees associated with wire transfers.
Removal Date of auction items - 5 business days past auction date.
1. Condition of Goods: In publishing this catalogue, Quinn's Auction Galleries-Central Virginia endeavors to accurately describe all items being sold but all property being offered is sold as is. It is advisable that bidders personally inspect items. No statement in this catalogue, bill of sale, invoice, or any representative or employee of Quinn's Auction Galleries-Central Virginia shall warranty, represent, or assume liability with respect to age, condition, size, quality, variety, importance, provenance, or historical relevance of any of these items. Please note that catalogue photographs may have had size modifications for display purposes, or been trimmed to exclude framing, matting, and wide blank margins. Variations in color may occur due to digital processing. Quinn's Auction Galleries-Central Virginia retains all rights to copyright and other intellectual property contained in this catalogue.
2. Disputes: The Auctioneer will be the final judge as to who is the successful bidder. In the event of any dispute, the Auctioneer shall, at his discretion, decide whether or not to reopen the bidding.
3. Title to Goods: Title to all merchandise shall pass to the successful bidder at the fall of the Auctioneers hammer. The purchaser shall assume full responsibility for the lot purchased once title has passed.
4. Removal of Goods: Purchased items must be picked up or arrangements made for shipping within 5 business days of the auction. A fee of $5 per business day per lot will be charged for items not removed within 5 business days of the auction.
5. Shipping: Quinn's Auction Galleries- Central Virginia does not have a shipping department. We have compiled a list of shippers in our area and can email or fax the list to you. Feel free to contact them directly to obtain quotes for the packaging and delivery of your items, or make your own arrangements. Purchases will be released to the shipper when they are paid in full (by credit card approval or when checks clear the bank) to Qinn's Auction Galleries-Central Virginia. Payment for shipping is due directly to the shipper. Please notify us of the shipper.
6. Payment Terms: All accounts are to be settled within 5 days past the end of sale. Preferred methods of payment include: US dollar by cash, money order, cashier's check, wire transfer, Visa & MasterCard payments are accepted but will incur a 4% processing fee. Only amounts under $1,000.00 can be accepted over the phone when using Visa or MasterCard, larger amounts can only be accepted in person with a physical swipe of the credit card. Check payments are accepted with all merchandise being held for an additional 10 days to insure check payment properly clears. Quinn & Farmer Auctions reserves the right to hold all merchandise paid for by check until such check has cleared and receipt of funds is verified. There will be a $100.00 fee on all returned checks. Please contact Quinn's Auction Galleries-Central Virginia for domestic & international wire transfer information. The buyer is responsible for any and all fees associated with wire transfers.
7. Sales Tax: Pursuant to the laws of the Commonwealth of Virginia, all sales, including buyer's premiums, are subject to 5.3% sales tax. You may present a valid resale license and complete the necessary Virginia certificate for Sales Tax Exemption (available from Quinn's Auction Galleries-Central Virginia). Lots shipped out of state are not subject to VA State Sales Tax.
8. Buyer's Premium: Treasure Auction 20% buyer's premium for live internet bidders, 15% in house premium. Gallery Auction 23% buyer's premium for live internet bidders, 18% in house premium. There is a 4% convenience fee for all payments made by credit/debit Visa or MasterCard.
9. Gun Sales: All laws governing the sale of Firearms will be strictly enforced. Firearms requiring registration will only be released to approved Virginia residents or Federal Firearms License holders. Out- of-state bidders will need to make arrangements with their local FFL holder for transfer.
10. Errors: Quinn's Auction Galleries-Central Virginia is not responsible for any typographical errors or omission in this catalogue. Quinn's Auction Galleries-Central Virginia reserves the right to withdraw any property before the sale.
11. Exhibition: Our staff is present to answer questions and offer help with the auction process. Preview times: Monday - Friday, 10am - 5pm, and one hour prior to the sale.
12. Absentee/Telephone/Internet Bidding: As a service to our customers, Quinn's Auction Galleries-Central Virginia will execute absentee bids if so authorized in writing under the provisions herein specified. The Absentee Bid Form provided in each catalogue should be clearly and completely filled out and accompanied by a valid credit card. All absentee bids will be executed competitively during the sale; items will be purchased for the lowest price possible. Quinn's Auction Galleries-Central Virginia cannot accept buy bids. In the event of tie bids between absentee bidders and those in attendance, preference will be given to the attending bidder. If there are two absentee bidders that bid the same amount, the first received will be honored. Telephone bidders also should submit a completed absentee bid form. Upon receipt of a properly executed bid form, we will make arrangements to call you just prior to your lot(s) of interest being offered. Please note that we will have limited time to try calling you once. Make sure that the phone number you have given us is correct and that your line will be open during the auction. Successful buyers will be notified within three (3) days of the sale. All bids should start at 50% of the low estimates. Quinn's Auction Galleries-Central Virginia will not be responsible for any errors or failures to properly execute absentee or telephone bids. Absentee and phone bids will not be guaranteed after 12pm the Friday before the sale, and will not be accepted within two hours of the start of sale.
13. Agreement to Terms: In bidding on any lot here offered, the bidder indicates acceptance of these Terms and Conditions of Sale. The title of each lot passes when the auctioneer says, Sold. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported at the purchasers own risk and expense. If any employee or agent of Quinn's Auction Galleries-Central Virginia shall pack or transport the merchandise, it is fully at the risk, responsibility and expense of the purchaser and Quinn's Auction Galleries-Central Virginia shall not be liable for any loss or damage that may be caused by such employee or agent.
14. Bidder Responsibility: The bidder is responsible for knowing on which item(s) he or she is bidding. If unsure, the bidder should inquire, or not bid. When becoming the winning bidder at auction, you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. No sales will be voided and no items will be offered for resale.
15. Acceptance of Bids: The Auctioneer reserves the right to accept or reject bids in any increment. POOLS: Pools are illegal associations of dealers or collectors formed with the purpose of keeping down auction prices for the benefits of its members. They are not permitted at our auctions. Bid increments shall be as follows:
$10001 + $1000
16. Check Out: If a checkout area is set up for small items, they will be released upon full payment and a paid receipt. Large items may be removed from the Gallery once a paid receipt is shown to a staff member at the door. If a checkout area is not set up, small items will be given to winning bidders and larger items will be placed in a convenient area.
17. Announcements: All announcements from the auction block will take precedence over any printed matter with the exception of condition, as previously outlined in paragraph 1. For any questions, please contact us at: Quinn's Auction Galleries-Central Virginia 8845 US Route 250, Troy, VA. 23093 (434) 293-2904; fax# 888-728-6102; firstname.lastname@example.org. Telephone inquiries may be made between 10am-5pm M-F Eastern Time.
18. Sale Results: Results may be posted on our website by the next business day.
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.