Auction Terms & Conditions
All items sold "as is, where is". Your bid is a contract, no returns. Payment for vehicles must clear before removed. All state and federal gun laws followed.
Terms and Conditions of Sale
1.Most items auctioned are of considerable age or used and may exhibit wear, usage, repairs and damage. Therefore, all lots are sold "AS IS, and neither we nor the consignor makes any warranties or representations, express or implied, as to the title, merchantability, fitness, or condition with respect to such lots. All statements contained in the catalog or in any bill of sale, invoice, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. We and the Consignor are not responsible for errors or omissions in the catalogue or any supplement material. The purchaser expressly acknowledges and agrees that in no event should Cady Auction Gallery & Appraisal be liable for any damages including, without limitation, any compensatory, incidental, or consequential damages.
2. We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for withdrawal of property.
3. The auctioneer reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder.
4. Internet bidders: Cady Auction Gallery & Appraisal is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Cady Auction Gallery & Appraisal or anyone else if the Internet service fails to work correctly before or during the live auction. Cady Auction Gallery & Appraisal will not be responsible for any missed bids from any source. No sale is final until Cady Auction Gallery & Appraisal has reconciled the sale and an invoice has been recieved by Bidder.
5. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder thereupon assumes full risk and responsibility, and will pay the full purchase price plus buyer’s premium and any applicable fees such as sales tax at end of auction.
6. PAYMENT - IMMEDIATE PAYMENT IS REQUIRED
In house buyers: An 8% buyer's premium will be added to the hammer price if payment is cash or check. A 11% buyer's premium will be added to the hammer price for all credit card purchases. Buyers who use Internet or phone bidding a 16% buyer’s premium is added to the hammer price. All property purchased via absentee bidding must be paid for immedialty. Cady Auction Gallery & Appraisal may impose, and the purchaser agrees to pay, a 1.5% per month late charge on the total purchase price in invoices that are outstanding over thirty (30) days after the date of the sale. Items not removed from Cady Auction within a week after conclusion of auction will be charged a storage fee.
7. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments (including deposits) made by the purchaser or (b) resell the property on no notice either privately or at public auction without reserve & in either event the purchaser will be liable for any deficiency in the purchase price & all costs & expenses, including: storage fees, handling charges, the expenses of both sales & our commissions on both sales at our regular rates, all other charges due hereunder, including attorney fees & incidental damages. In addition, a defaulting purchaser shall be deemed to have granted us a security interest in, & we may retain as collateral security for such purchaser's obligations to use, any property, in our possession owned by such purchaser. Payment will not be considered to have been made full until your check has cleared the bank.
8. Cady Auction Gallery & Appraisal undertakes the execution of absentee bids as a convenience for clients and is not responsible for failure to execute bids, or for any error in the execution of bids.
9. The bidder’s sole and exclusive remedy is the rescission of the sale and the refund of the original purchase price plus any of buyer’s premium made, and is in lieu of any other remedy that may otherwise be available as a matter of law or in equity. Cady Auction Gallery & Appraisal and the Consignor shall not by liable for any incidental or consequential damages incurred.
10. Antique Firearms: If you purchase an antique firearm, no pernit is needed as long as age is verified. For all types of absentee bidders, we will mail this firearm to your desired address once we obtain a copy of your drivers license. This allows Cady Auction Gallery to verify the age of the individual buying the gun.
Curio & Relic Guns: If you purchase a gun that is over 50 years of age, a Curio & Relics license is sufficient. For all absentee buyers, we will mail to the buyer(s) if we obtain a copy of your C&R license.
All other gun transfers: In house buyers must have the appropriate valid gun permit. Same day back ground checks can be performed after the conclusion of the auction however if the background check comes back in any status other than "Proceed" a 3 day waiting period will be in effect. For all absentee buyers, Cady Auction gallery. will mail all post 1898 guns to purchasers if we obtain a copy of your C&R license (if applicable), your FFL license (if you have one) or obtain a copy of an FFL license holder in your area that will handle the transfer for you. Licenses can be mailed, faxed or emailed to our location. Guns will be shipped within 4 days of receipt of these licenses. Guns can be picked up at our location within 10 business days of the auction. If the gun is an antique, we will take a copy of your driver’s license, if the gun is a C&R and you have a C&R license we will need a copy of your license. If you have an FFL, we will exchange licenses, Iowa Residents with a CCR permit that is post November 22nd, 2005 will be exempt for NICS checks. Iowa residents with a valid purchase permit will be exempt from NICS checks. NICS checks will be performed on all other individuals at our place of licensure at 833 Shaver Road NE, Cedar Rapids, IA. Please call before arrival to arrange an appointment. ATTENTION CA RESIDENTS: THERE WILL BE AN ADDITIONAL $10 CHARGE.
NOTE: ATF rules indicate that buyers may be put on delay for up to 3 days.
NOTE: All buyer's are responsible for having knowledge of their states laws regarding the purchase and shipping of firearms, ammunition and related items. If you bid on and are the winner of a firearm, ammunition or related item that is not permitted in your state, then Cady Auction will charge your card for the total hammer price plus buyer's premium, and sell the items at the next appropriate auction held by Cady Auction at the standard consignor commission rate.
ALL FIREARMS ARE SOLD "AS IS". SINCE MANY FIREARMS ARE OF CONSIDERABLE AGE, CADY AUCTION GALLERY & APPRAISAL STRONGLY SUGGESTS THAT ALL FIREARMS BE EXAMINED BY AN AUTHORIZED PROFESSIONAL GUN SMITH BEFORE USING OR FIRING. CADY AUCTION GALLERY & APPRAISAL IS NOT LIABLE OR RESPONSIBILE FOR THE WORKING CONDITION OF ANY FIREARM. CADY AUCTION GALLERY AND APPRAISAL IS HELD HARMLESS FOR ANY MIS-FIRE OR ANY MECHANICAL OPERATION OF ANY FIREARM.
Attention out of state buyers: It is the buyers responsibility to know and understand your state's gun laws. If you are the winner of a gun and you find out that it is not legal in your state, you are responsible to pay for the gun. We will then sell it for you as a consignor at the next gun auction. Our normal, regular seller consignment fees will apply.
11. These Terms and Conditions of Sale and the purchaser's and our respective rights and obligations hereunder are governed by the laws of the State of Iowa. By bidding at an auction, each purchaser and bidder agrees to be bound by these Terms and Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against Cady Auction & Appraisal (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by legal action brought in Linn County, Iowa as the sole place for jurisdiction and litigation of any issues between the parties.
12. CONDITION OF LOTS: Please read carefully. If you have not examined the item, we reccommend you do not bid. Call Cady Auction Gallery for condition report. We do not refund due to condition.
The items sold are often of considerable age or used, and will exhibit wear, usage and damage often not listed in the catalog entry. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. No employee or agent of Cady Auction Gallery & Appraisal is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, Cady Auction Gallery and Appraisal recommends that they not bid on the property. All dimensions are approximate.
13.RESERVES. Generally Cady Auction does not sell items with reserves however occasionally some items may be subject to reserve (the confidential minimum price below which the lot will not be sold). If a lot is offered with a reserve, we may implement that reserve by bidding on behalf of the consignor. No reserve will be allowed higher than what is reasonable for the true market value and, in most cases, the reserve is lower than the market value. This bidding will not generally constitute opening bidding. Items which are not reserved are sold at the auctioneer’s discretion and Auctioneer reserves the right to pass.
14. Consignors are not allowed to bid on their own merchandise nor have any agent bid on their behalf. If the Auctioneer recognizes such bidding or is advised of same, the Auctioneer reserves the right to withdraw any or all items consigned by the offending consignor, no exceptions.
15. BIDDING. All bidders are required to have a bidding number. Bidding numbers will be assigned for on line auctions. There is no charge for a bidding number. All lots will be sold in numerical order according to the printed catalogue and approximately 75 - 100 lots will be offered per hour.
Bidding may open above or below the low estimate and advances in the following order, although the auctioneer may vary the bidding increments during the course of the auction. When leaving absentee bids, please make sure your bids fall within the proper increments.
** Bidding increments may vary at auctioneer’s discretion.
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.