Special Terms
A SALES ARE FINAL. Property will be Sold As Is, Where Is. Please ask any questions before bidding, view the description and photos carefully and use your expertise and knowledge when bidding.
1. UNDERSTANDING THE TERMS & CONDITIONS OF SALE. The following conditions of sale make up the entire terms and conditions on which items listed in our catalog and addendum sheets will be offered for sale or sold by Legacy Auction & Appraisal, LLC (known hereafter as LA&A) and any client for whom we act as an agent. Any notices, posted or oral during the sale, are also part of our condition of sale agreement. These are the conditions of the sale. Acceptance of a bidder card or a bidder number constitutes acceptance of the following terms and conditions. The purchaser's rights and our respective rights and obligations hereunder are governed by PA and Delaware State law. By bidding at our auction whether in person or by agent, sealed bid, or other means, the buyer or bidder agrees that the contract created by these conditions of sale is made and performed in the County of Monroe, Commonwealth of Pennsylvania agrees that should any dispute arise from this contract the jurisdiction for contractual disputes is Monroe County.
2. BUYER'S PREMIUM AND SALES TAX. An 21% buyer’s premium will be charged to all hammer price totals. This is not an aggregate percentage on the total items bid rather a per item percentage rate. The premium is added to your successful bid and the two together equal the total purchase price. The tax is computed on the total purchase price and will be charged to PA residents only. To establish a tax free sale, a copy of a valid reseller's certificate/permit or other instrument of information must be provided to our satisfaction establishing a sales tax exemption. Any purchaser claiming an exemption yet unable to provide proof will be required to pay the tax to us.
3. METHOD OF PAYMENT. Auction sales are strictly for Cash, GOOD Pennsylvania check (if picking up in person), wire transfer, MasterCard, Visa, AMEX, Discover or Paypal. NOTE TO FOREIGN BUYERS: Method of payment will be U.S. currency.
4. TERMS OF PAYMENT. At the highest bidder will have purchased the offered lot. All sales are final at the fall of the Auctioneers hammer or at the announcement of 'sold'. This purchase is subject to all the terms and conditions set forth herein. The purchaser assumes full responsibility for all purchases. The purchaser further agrees to pay the purchase price, buyers premium and any applicable taxes. All items purchased by successful bidders must be paid for in full the day of sale. All property must be removed from our premises at the purchasers expense no later than five days following the date of sale unless otherwise agreed. If the property is not removed, it may be transferred to a public warehouse for the purchaser at the purchasers risk and expense. Absentee Bidders: In order to expedite notification of your bidding all clients will be notified via email that you were successful. Each purchaser at this auction grants us a security in the property purchased. We may retain as collateral security for the purchasers obligations to us any of the purchasers property and all monies held or received by us. We may apply against such obligations monies held or received by us for the account of, or owing to, the purchaser. We retain all rights of a secured party. Whenever the purchaser pays only a part of the total price for one or more lots purchased, we may apply such payments, at our sole discretion, to the lot or lots we choose. Payment will not be deemed made in full until we have collected all amounts due in cash on good funds (by our definition). If the conditions of sale are not complied with, in addition to remedies available to us and the consignor by law, we hold the purchaser liable for the purchase price, the 21% buyers premium, and applicable sales tax. We at our option may either (1) cancel the sale, retain as liquidated damages all payments made by the purchaser or (2) resell the property either publicly or privately, and in such an event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales and our commission at our standard rates. The purchaser is also responsible for all other charges due hereunder attorney fees and incidental damages, etc.
5. INTEREST AND DEFAULT. Payment is due upon receipt. If the buyer's invoice is not paid in full within 15 days of the auction, LA&A, has the right and will charge the buyer's credit card of record on file for the total invoice amount. Interest will be charged on all balances not paid at the rate of 1-1/2% (18% APR) effective 15 days from the date of purchase/auction. Should the buyer not comply with any of the Terms and Conditions of Sale, the damage recoverable from the defaulter shall include any loss arising on the resale of the lot, together with the charges and expenses in respect of both sales, interest from the date of the sale as well as any legal or collection fees incurred. LA&A shall hold any money deposited in partial payment on account of any liability of the defaulted item and will apply it at the sole discretion of LA&A to the outstanding debt.
6. WITHDRAWAL. We reserve the right to withdraw any property prior to sale.
7. PROTESTS, DISPUTES AND THE AUCTIONEER. We reserve the right to reject a 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. Any dispute after the sale our records will be deemed conclusive in all respects.
8. If we are prevented by fire, theft, or any other reason from delivering any property to the purchaser, our liability shall be limited to the sum actually paid therefore by the purchaser and shall in no event include any incidental or consequential damages.
9. GUARANTEE. All property offered for sale is AS IS, WHERE IS. Legacy Auction & Appraisal, LLC does not guarantee or make warranties on any lot sold. Descriptions in the catalog are an opinion only. They are written as an aid to potential bidders. We acknowledge that there may be errors in what is written beyond the bold headline description. We strongly recommend you personally view any item you bid on or have an acknowledged expert view the item. Statements starting with the word condition are opinions, not statement of fact or guarantees.
10. The Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and inure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms hereof (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.
11. RESERVES. Some items in this auction 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. This bidding will not constitute opening bidding. If no opening bid is received we will pass the item. However once bidding is opened we will bid on behalf of the consignor to reach the reserve price. Nominal bids the auctioneer may reject nominal bids, small opening bids or very nominal advances made with the purpose of disparaging an item. If a lot fails to achieve a bid equal to or exceeding 25 - 30% of the low estimate, the item may be passed and not sold and may not be re-offered until a later sale. If we have an interest in an offered lot and the proceeds there from other than our commission, we may bid therefore to protect such interest. Items which are not reserved are sold at the auctioneer?s discretion.
12. 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.
13. ABSENTEE BIDDING. As a service to anyone wishing to place bids in advance of the sale we may accept bids at our own discretion by telephone or sealed bid using the forms we provide. We assume no responsibility for failure to execute telephone, sealed, or website/online bids for any reason whatsoever.
14. FIREARMS LAWS. All post - 1898 firearms must be registered in compliance with Federal and Pennsylvania State Law. Buyers of post - 1898 firearms must complete state and federal registrations forms at Legacy Auction & Appraisal, LLC, 7164 Rt. 209 Suite 810 Stroudsburg, PA 18360, unless otherwise specified. Dealers must have in their possession on the day of sale, signed copies of their Federal Firearms License in order to accept same-day delivery of modern weapons. Buyers who act as agents for FFL dealers must have a letter of agency as well as an original signed copy of the dealers Federal Firearms License (FFL).
15. Legacy Auction & Appraisal, LLC makes no warranties or representations whatsoever and no employee or consultant of Legacy Auction & Appraisal, LLC has the authority to do otherwise, concerning the operation of firing condition, fitness for use, safety to store, or reliability, of any firearm, ammunition, or parts. Use of any firearm or ammunition purchased at Legacy Auction & Appraisal, LLC is entirely at the users risk. Legacy Auction & Appraisal, LLC offers for sale the lots as ?collector? lots only. We strongly recommend that all weapons, ammunition, etc. purchased at auction be examined by a competent gunsmith. Legacy Auction & Appraisal, LLC expressly disclaims any liability whatsoever for accident, injury or damage resulting to any person from the storage or subsequent use of any such lot.
16. All delivery, shipping and storage charges must be paid by the successful bidder prior to delivery of the firearm.
17. SHIPPING. All NON- FIREARM and AMMO packing, shipping and handling of purchased lots is done by United Parcel Service (UPS), Mt Pocono PA. All items must have shipping insurance; this insurance is mandatory. We are not liable for any acts of omission in packaging or shipping. Purchased lots handled by outside carriers or packers including those we may have recommended such carriers or packers may carry their own insurance and any claims for losses or damages should be addressed directly to them. We will arrange for packing and shipping at our earliest possible convenience. We will attempt to ship as soon as possible, however, due to our high volume of absentee bids shipping can take up to two weeks after full payment and/or FLL paperwork is received. In the case of crating or any exceptional packaging, the buyer will be charged the cost from an outside agent. Buyer pays shipping, packing materials, and insurance charges.
18. Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PROPERTY IS SOLD AS-IS, WHERE-IS. LEGACY AUCTION & APPRAISAL, LLC NOR 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 ARTISTS 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 LEGACY AUCTION & APPRAISAL, 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 LEGACY AUCTION & APPRAISAL, LLC BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
