Auction Terms & Conditions
TERMS & CONDITIONS OF SALE: The purpose of the catalog is to identify items being sold to the best of the ability of A New Day Auctions staff. Please review all items carefully before bidding and make your own judgment on identification, authenticity, and condition of items. It is our intention to give accurate descriptions and make note of any damage. It is the bidder's responsibility to determine condition and completeness, etc. of property being offered. Items will be tested to the best of our ability, however it is up to the buyer to verify functionality of all items. All measurements are approximate.No warranty of merchantability or fitness is being offered by the auctioneer, seller, or any other agents. We disclaim any assessment of value by the auctioneer, seller, or any other agents. No allowance, adjustment or rescission of sale will be allowed based upon failure of the property to correspond to the particular need. We offer in person viewing hours and online photos and catalog. If more information or photos are needed we encourage you to ask and we will provide what we can. ALL SALES ARE FINAL NO RETURNS - EVERYTHING IS SOLD AS IS WHERE IS NO WARRANTIES WRITTEN OR IMPLIED.
AUTHENTICITY: We strive to represent items with all honesty - our reputation depends on it. We are not experts in every field and often consult with those who are. Fakes and forgeries are very prevalent in all areas of antiques and collectibles. We refuse known forgeries nearly every day with best efforts to keep them off the market. Occasionally a known fake such as a Rolex may be sold but will be clearly stated in the catalog descriptions. Other items may not be easily determined such as Coach and we will report it as marked as such and such.
AUTOGRAPHS: Autographs are an exceptionally difficult field with many authentication services available. We do not believe authenticating is an exact science and are not here to engage in "dueling experts" to dispute COA's and will not accept a contrary opinion as grounds for canceling a sale regardless of perceived qualifications of another expert. Authentications come down to a matter of opinion. We sell everything on consignment and represent what we know about an item including any authentication that comes with an item. We encourage bidders to do their own research. It is our firm policy that ALL SALES ARE FINAL.
FIREARMS & AMMO: A New Day Auctions holds a class 01Federal Firearms License.
Ammunition: Must 18+ for long gun ammo and 21+ for handgun ammo.
A New Day Auctions can only sell firearms to buyers in the United States with the following credentials:
Antique Firearms - made prior to 1898: A New Day Auctions will need a copy of your driver's license to verify Age ' can ship direct to buyer. No NICS check required. If the age of a gun can not be determined we will err on the side of caution and follow guidelines as if it were not an antique.
Curio & Relic Guns- 50+ years old or relics: A New Day Auctions will need a copy of your C&R license 'can ship direct to C&R holder. No NICS check required.
If newer than 1898 and you do not have a C&R license:
A. Long guns:** Must be 18+ years old and pass NICS check*. Can only ship to FFL and they will do appropriate checks.
B. Handguns:** Must be 21+ years old and have permit to purchase or permit to carry and pass NICS check*
C. Muzzleloaders & black powder: must be 18 years old and no NICS check
*FBI NICS check may require a 3 day waiting period before transferring of gun. NICS checks will be performed at our place of licensure at 31670 65th ave, Cannon Falls, MN 55009.
**A New Day Auctions will ship to a licensed FFL and they will do appropriate checks. 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
ALL FIREARMS ARE SOLD "AS IS". SINCE MANY FIREARMS ARE OF CONSIDERABLE AGE, A New Day Auctions STRONGLY SUGGESTS THAT ALL FIREARMS BE EXAMINED BY AN AUTHORIZED PROFESSIONAL GUN SMITH BEFORE USING OR FIRING. A New Day Auctions IS NOT LIABLE OR RESPONSIBILE FOR THE WORKING CONDITION OF ANY FIREARM. A New Day Auctions IS HELD HARMLESS FOR ANY MIS-FIRE OR ANY MECHANICAL OPERATION OF ANY FIREARM.
SHIPPING FIREARMS TO CALIFORNIA: A New Day Auctions is part of the CFLC and is required by California Penal Code Section 27555 to obtain a verification approval number from the California Department of Justice (CADOJ) Bureau of Firearms before a firearm can be shipped to an approved California FFL. This process will require us to charge an additional $30 to the buyer.
JEWELRY & WATCHES: A New Day Auctions does not guarantee any information contained in outside appraisals. A New Day Auctions will provide opinion but no guarantees with the following guidelines:
WEIGHTS: All weights are for the entire piece including all stones and workings and are guaranteed within 10% using a Ohaus digital scale.
STONES: tested using a Presidium Duo gem tester.
GOLD & PLATINUM: tested using a Auracle tester or acid test if requested by the consignor.
SILVER: rare earth magnet and acid test if requested by consignor.
NOTE: Markings are reported but are not always reliable due to many fakes on the market. Heavy plating is often seen on items marked as 925, and various gold marks that are made outside of the US. Scratch testing/acid testing of these items can damage them and is not usually done.
BUYERS PREMIUM: There is a 10% commission for in house bids payable by the winning bidder on all sales. PAYMENT: All risk of loss and responsibility for purchase passes to buyer immediately upon award of bid. Full payment shall be received for all purchases during or immediately after conclusion of the auction on sale day in U.S. currency. The federal and state laws and penalties for failure to settle and pay shall apply. All sales and shipping costs are subject to applicable MN sales tax unless auction cashier is provided with proof of exemption prior to bidding. Payment shall be paid in accordance with the terms announced at the beginning of the auction.
ABSENTEE & INTERNET BIDDERS: Once a bid is placed it can not be revoked. Placing a bid constitutes express acceptance of all terms and conditions. There is a 15% buyer's premium for online bidding or absentee bids - 16% for Proxibid. An invoice for won items will be sent within 24 hours of auction end. Your designated credit card used during registration will be charged within 24 hours of invoicing for won items and all fees. All shipping and handling charges will be paid be buyer/winning bidder or arrangements for pick up will be made directly with A New Day Auctions. Items will be shipped and shipping charges charged to your designated credit card within 1 day after payment for items. Therefore, you may have 2 separate charges to your account. If you are picking up your items you can pay by cash or check and arrangement must be made for pick up within 24 hours with us at 507-263-7373or email@example.com
REMOVAL: Items must be removed by 3 pm on Friday unless arranged before hand, Except as otherwise stated in an auction invoice the bidder agrees to remove all property purchased from the auction site and assumes all liability in doing so. Purchases may not be removed from auction site until paid in full and to include any other fees to transfer ownership. If the preceding conditions or any applicable conditions are not complied with, in addition to other remedies available to auctioneer, and seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the auctioneer at his option may (A) resell the property publicly or privately with the purchaser being liable for the payment of any deficiency plus all costs incurred, or (B) cancel the sale, retaining liquidated damages on all payments made by purchases, auctioneer commission and all other incidental damages will be charged.
REVOCATION: The auctioneer reserves the right to (A) revoke any bid at any time (B) refuse any bid which is merely a fractional advance over the preceding bid (C) choice, group, add to, withdraw from or change selling order of partial/full lots (D) reopen the bidding in the event of a tie bid. The seller reserves the right to reject any all bids it deems necessary.
RECORDING NOTICE: Live auctions will be recorded either with video and/or audio as a record of events. There may also be live feeds to internet bidding sites if applicable per auction.
TOY DISCLAIMER:A New Day Auctions cannot be held liable for any defects in products sold. Items are sold on an AS-IS basis. Toys and other items meant for use by children under the age of 12 are sold as collectibles and not meant to be used. Best efforts have been taken to check for recalls and other hazards such as lead paint or choking hazards.
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.