Special Terms
ONLINE BIDDING TERMS AND CONDITIONS:
By registering to bid, or by placing a bid, you agree to be bound by all of the following terms and conditions and any other announced terms and conditions of the auction or rules of proxibid.com:
1. All Internet bidders agree that bids placed on the Internet shall have the same legal and binding effect as if they were physically in attendance at the auction.
2. All bidders attending the auction (if applicable) assume full responsibility for any damage caused either to them or to the property and will hold harmless Darrell Cannon, Auctioneer and his staff or client(s) from any liability.
3. All property is sold ?As Is, Where Is? and ALL SALES ARE FINAL. The merchandise is open to thorough public inspection on the date of the auction.
4. It is the bidder?s responsibility to determine condition, age, genuineness, value or any other determinative factor. Darrell Cannon, Auctioneer may attempt to describe the merchandise in advertising, on the Internet, and at the auction, but make no guarantees as to the accuracy of such description. The buyer assumes all risk and caveat emptor.
5. In no event, shall Darrell Cannon, Auctioneer be held responsible or liable for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value.
6. All Internet bidders agree to pay a buyer?s premium equal to Fifteen percent 15% of the hammer price of each item they purchase. If the hammer price of an item is $100.00, the buyer's premium will be $15.00 for a total purchase price of $115.00.
7. Bidders who bid from off-site, and are not present at the live auction or preview, understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person.
8. Darrell Cannon, Auctioneer will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself.
9. Bidder agrees that everything is sold ?as is? and that they may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by Darrell Cannon, Auctioneer. Bidder's sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If Darrell Cannon, Auctioneer agrees that the item was materially and intentionally misrepresented Darrell Cannon, Auctioneer will refund the Bidder's purchase price to him/her. Bidder agrees that under no circumstances whatsoever will Darrell Cannon, Auctioneer ever be liable to any bidder for an amount greater than the purchase price of the item they purchased.
10. Darrell Cannon, Auctioneer 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 Darrell Cannon, Auctioneer or anyone else if the Internet service fails to work correctly before or during the live auction.
11. Darrell Cannon, Auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins.
12. Darrell Cannon, Auctioneer reserves the right to withdraw or re-catalog items in this auction.
13. The auctioneer shall advance the bidding at his own discretion. Darrell Cannon, Auctioneer may withdraw any item before or during the auction. The record of the auction made by Darrell Cannon, Auctioneer shall be conclusive.
14. When the auctioneer says 'sold' Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Internet bidders are required to pay by Visa, MasterCard, American Express, Discover ONLY. Bidder further agrees that under no circumstances will he/she initiate a charge-back on his/her credit card. Auctioneer reserves the right to charge your credit card at the drop of the hammer. Payment will be collected within 24 hours of the conclusion of the auction. Items not removed within 7 days of conclusion of auction will be charged a $20.00 per day storage fee/per item. A 35% reselling fee will be applied to purchases not paid in full by Wednesday following auction.
15. Packing and shipping costs are the responsibility of the buyer and may be quoted before shipping. Fragile items and purchases over $500 will be shipped by a professional packer and may result in higher shipping costs. All items will be insured for the purchase price. Our first priority is to deliver your purchase(s) in excellent condition. Any merchandise not removed by bidder may be resold at the next auction or disposed of in any other way Darrell Cannon, Auctioneer deems to be suitable.
16. Darrell Cannon, Auctioneer may refuse a buyer's number to anyone for any reason. Bidder agrees to provide any identification Darrell Cannon, Auctioneer may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
17. We want you to be happy with your purchases. If you have questions about the merchandise, the time to ask questions is well in advance of the live auction. No returns are allowed. Thank you for your patronage!
Shipping costs are buyers responsibility. Actual shipping costs plus $6 per total shipment handling fee will be charged to your purchase. Insurance will available if requested for an additional charge. Shipping will be a separate charge on your credit card.
Special Terms
1) CONDUCT OF AUCTION. This auction will be conducted by Cannon Auction Service LLC. (the “Company”), under the following Terms and Conditions. Please read them carefully. By accepting a bidder number and placing an electronic bidding through Proxibid you accept and agree to abide by these Terms and Conditions. Except as otherwise announced at the auction and subject to a reserve placed on any item offered in the auction, each item will be offered in numerical order and sold to the highest bidder. Unless not permitted by law, title will pass to the last highest bid when the auctioneer announces “Sold”, and/ or on the fall of the auctioneer’s hammer.
2) BUYER’S PREMIUM. A Buyer’s Premium of 15% will apply to all purchases. The Buyer’s Premium is added to your successful bid, and together with your successful bid equals your total purchase price, plus applicable sales tax, and other charges that are listed in this document and required by law, including any registration and transfer fees.
3) PAYMENT. Payment terms are cash in United States currency, MasterCard, Visa, American Express, Discover, or other verified funds through means of verification acceptable to the Company. Wire transfers only on United States banks are acceptable. Any other arrangements for payment must be made in advance of sale.
4) INTEREST AND DEFAULT. If the Buyer does not pay for the item as required by the preceding paragraph, the Company shall have the right to charge and will charge interest at the rate of 1-1/2% per month, commencing on the 30th day after the sale, until the total amount due is paid in full. Payments will be credited in the following order: first unpaid interest and then unpaid charges, and finally toward the bid amount and Buyer’s Premium. The Company shall have no obligation to deliver the item to the Buyer or his/her agent until all sums due are paid in full. Should the Buyer not fully comply with any of the terms in this Agreement, the damages recoverable by the Company shall include, but not be limited to, all loss arising from the default, which may include all losses incurred on the resale of the item, along with charges and expenses incurred in connection with the original sale and resale if the item is resold. The Company shall also be entitled to recover its attorney’s fees as well as all of its costs and expenses in enforcing its rights under this Agreement and under Iowa law, including but not limited to, attorney’s fees and costs incurred in the event of any litigation between the Buyer and the Company and/or mediation and/or arbitration.
5) WITHDRAWAL OF ITEM, DISPUTED BID. We reserve the right to withdraw any property that has a reserve against it prior to the final announcement by the Auctioneer that the item is “Sold”. Items sold without reserve may be withdrawn at any time up to the Auctioneer’s call for bids on the item (unless no bid is made within a reasonable time). No liability may be asserted in connection with withdrawal of any item. As to any dispute arising after the sale, our sales record will be conclusive in all respects.
6) AS IS, WHERE IS. Except as specifically provided in paragraph 7 below, all items are sold as is, where is, with no guarantee or warranty whatsoever, including but not limited to, any warranty of merchantability or fitness for any purpose. None of our employees, agents, or consultants are authorized to make any guarantee or warranty or binding representation, except by the Auctioneer at time of auction.
7) CATALOG DESCRIPTIONS AND DISPUTES. Bidders are strongly urged to personally inspect each item on which they intend to bid and to base their bids on their own opinions.
Time is of the essence as to the Buyer’s performance under this provision and all other provisions in these Terms and Conditions of Sale. The Company will pay the consignor for the item sold on the 15th business day after the Buyer pays for the item, and therefore, if Buyer fails to comply with these time deadlines, he shall have forfeited, and have no remedy for any other claim related to the item (including the lot sold, of which the item is a part). If the Company decides to rescind the sale, it will pay the Buyer the amount paid, consisting of his/her bid, Buyer Premium, as well as any sales taxes, and registration fees actually paid by the Buyer, as well as reasonable shipping and insurance costs actually paid by the Buyer. It is expressly understood and agreed that the Buyer assumes the risk of loss or damage during shipping the item or lot to the Company, and the Buyer will look to the insurance obtained by Buyer as the sole remedy for loss or damage due to shipping the item and lot to the Company. Buyer’s sole remedy is to seek a refund of the sums paid by Buyer to the Company but only after the Company has received the item in the same condition it was in at the time it left the Company’s possession, including Buyer’s Premium, taxes and registration fees and any other sums paid by the Buyer as set forth above, with interest thereon at the rate of 10% per annum (collectively “Buyer’s Remedy”). Irrespective of whether or not the sale is rescinded by the Company with or without litigation, Buyer shall not be entitled to seek any other remedy or damages, including, but not limited to, allegedly lost actual or potential profits or the cost of acquiring such item, any other financial damages, or any consequential damages of any kind.
8) It is recommended that all firearms purchased at auction be inspected and approved for use by a competent gunsmith before firing. We expressly disclaim any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot.
9) SHIPPING AND REMOVAL. ***It is the buyer’s responsibility to verify local and state gun laws.*** Subject to the Buyer’s compliance with all applicable laws for the delivery of a firearm, all purchases are final upon the Auctioneer’s pronouncement of “Sold”, and the Buyer assumes all risks and responsibility for the purchase at that point. Upon your request, and after payment has been made and registration requirements, if any, have been satisfied, we will release your purchases to the person you specify, provided such release complies with law and such person has whatever documents are reasonably required for such release. For your convenience, we will arrange packing and shipping of your purchases by our staff or through outside agents, at your expense, plus a charge of $6.00 per box shipped. (If reasonably possible, lots will be combined to minimize the number of boxes needed.) For out of state or non-local bidders firearms can be shipped to the FFL dealer of your choice. Current copies of the FFL must be received before your items will be released to our shipping and receiving department. Longarms are typically sent by UPS Ground or Federal Express Ground . ***Per the carrier’s Terms and Conditions, all post-1898 handguns must be shipped via any UPS Overnight service or Federal Express Priority Overnight.*** We will make every effort to ship your items as economically as possible without compromising the protection of the shipment. It is the buyer’s responsibility to fax or email a copy of their FFL with each order. Allow up to three weeks for shipping. Your order is not released to our shipping department until all payments, FFL and/or other necessary documents are received. International bidders: We will not adjust any amounts on custom forms. All necessary paperwork must be filled out accurately. Any storage, packing or shipping after the auction is at your sole risk as the Buyer, and you agree to hold us harmless for any damage or loss. If exporting from the Country, you are responsible for all export arrangements and expenses. All ammo, air rifles and edged weapon purchases require a photocopy of a current driver’s license or identification card prior to shipping as verification of age. Ammo is being sold as collector’s items only and we make no guarantees as to its quality or functionality. All fees charged by the Buyers FFL Dealer are the expense of the buyer.
10) REGISTRATION. ***It is the buyer’s responsibility to verify local and state gun laws.*** All firearms requiring registration must be registered in compliance with all applicable laws.
11) BIDDING. Bidding can be accomplished as follows: A. ONSITE BIDS. Bidder registration will take place on day of sale. Except as announced at the auction, each lot will be sold in numerical order and except when a prior reserve is not met, sold to the highest bidder. You may bid by holding up your bidder's card until the maximum amount you are willing to pay is reached. The bidding ends when the Auctioneer says "Sold". B. BIDS THROUGH THE INTERNET. You may use Proxibid to bid at our auctions. Since this provider is independent of the Company, you must separately register through this provider. The Company’s Terms and Conditions of Sale will apply irrespective of whether or not you use Proxibid. The Company will not be responsible for an error on the part of Proxibid. C. ABSENTEE BIDS. Call auction company for instructions
12) DISPUTES ON BIDS OR BIDDING. In the event of any disputed bids, the determination of who was the successful bidder, or as to any other disputes as to bids or bidding, the Auctioneer who auctioned the item at the time shall be the sole determinant as to who is the successful bidder and for how much, within his/her sole and exclusive discretion, which may include re-offering the item for sale and re-selling it.