Terms and Conditions of Sale
Terms
By registering to bid or placing a bid you agree to be bound by all of these terms & conditions and any other announced terms and conditions of sale or rules of the site. All Absentee or Internet bidders agree that bids placed on the Internet shall have the same legal effect as if they were in attendance at the auction in person.
1. All persons attending the exhibition, sale, or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Burnt Chimney Auction Gallery, of any liability.
2. All property is sold as is, and all sales are final. Property is open to thorough public inspection. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinate factor. Burnt Chimney Auction may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Burnt Chimney Auction be held responsible for having made or implied any warranty of merchant-ability or fitness for a particular purpose. It is the Buyers sole responsibility to satisfy themselves as to the extent of restoration, the condition, origin, date, age, attribution, provenance, authorship, authenticity, genuineness of any lot or the accuracy of any catalogue description or condition report prior to bidding. Bidder shall be the sole judge of value.
Catalog descriptions are for simple identification purposes only, no representations are made to the authenticity, age, origin or value. All weights and measurements given in any catalog description are approximate. Bidders should rely solely on personal inspection.
3. ONLINE BUYERS:
a) CREDIT CARD PAYMENTS: A buyer's premium of Eighteen Percent (18%) of the successful bid price shall be added to the successful bid price and is payable by the buyer as part of the total purchase price. Virginia sales tax law, if applicable, will be applied to the total purchase price.
b) CASH or GOOD CHECK AT PICK UP PAYMENTS: A buyer's premium of Fifteen Percent (15%) of the successful bid price shall be added to the successful bid price and is payable by the buyer as part of the total purchase price. Virginia sales tax law, if applicable, will be applied to the total purchase price. NO OUT OF STATE CHECKS WILL BE ACCEPTED.
ONSITE BUYERS:
a) CREDIT CARD PAYMENTS: A buyer's premium of Thirteen Percent (13%) of the successful bid price shall be added to the successful bid price and is payable by the buyer as part of the total purchase price. Virginia sales tax law, if applicable, will be applied to the total purchase price.
b) CASH or GOOD CHECK AT PICK UP PAYMENTS: A buyer's premium of Ten Percent (10%) of the successful bid price shall be added to the successful bid price and is payable by the buyer as part of the total purchase price. Virginia sales tax law, if applicable, will be applied to the total purchase price. NO OUT OF STATE CHECKS WILL BE ACCEPTED.
4. 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. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Burnt Chimney Auction Gallery shall endeavor to describe in detail each item and any pertinent information about it. Burnt Chimney Auction Gallery will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is without Guarantee or Warranty of Any Kind and that they may not return any item they purchase for any reason. Bidder agrees that under no circumstances whatsoever will Burnt Chimney Auction Gallery ever be liable to any bidder for an amount greater than the purchase price of the item they purchased.
5. At times Burnt Chimney Auction Gallery will provide live internet bidding, pre-auction internet bidding 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 Burnt Chimney Auction Gallery or anyone else if the Internet service fails to work correctly before or during the live auction. Burnt Chimney Auction Gallery will not be responsible for any missed bids from any source. Burnt Chimney Auction Gallery reserves the right to withdraw or re-catalog items in this auction.
6. The auctioneer shall advance the bidding at his own discretion. Burnt Chimney Auction Gallery may withdraw any item before or during the auction. Should a tie or a dispute arise between two bidders, the auctioneer may, at his discretion, reopen the bidding until the property is sold. The record of the auction made by Burnt Chimney Auction Gallery shall be conclusive.
7. Once an item is sold, the winning bidder assumes full responsibility for the merchandise. All items must be paid for in full at the conclusion of the auction. Payment shall be in Cash, Approved Check, VISA or MasterCard. Unless exempted by law, the purchaser shall pay any and all applicable taxes. Bidder agrees to indemnify Burnt Chimney Auction Gallery against any claim if sales tax is not collected on Bidders purchases. Bidder further agrees that under no circumstances will he/she initiate a charge back on his/her credit card. Title to the merchandise transfers to Bidder only when Bidder's payment has been honored.
8. PAYMENT: Within Three (3) days of completion of the auction, Burnt Chimney Auction shall invoice each winning bidder via email for the total amount due, including buyer's premium and shipping. All invoices must be paid within Five (5) invoicing. No goods may be removed under any circumstances until payment in full has been received. Buyer's will be supplied a PayPal link to use for credit card payments.
You are expected to make full payment for your items within Five (5) days of receiving an invoice, even if you plan to pick up your items at a later date. A Ten Percent (10%) Penalty will be added to all invoices not paid within Five (5) days of invoices being issued.
9. All items must be removed from Burnt Chimney Auction Gallery within 15 days of auction end unless other arrangements have been made. Because of lack of storage space, items not removed from Burnt Chimney Auction Gallery within fifteen (15) days of auction end will become the property of Burnt Chimney Auction Gallery. Buyer shall have no claim to items not removed within fifteen (15) days of auction end.
10. U.S. SHIPPING: Burnt Chimney Auction Gallery offers packing and shipping services via the United States Postal Service. Our first priority is to deliver your purchase in excellent condition. The shipping amount details for items can be found in the Item Description Section.
Upon request via email at burntchimneyauction@gmail.com, we are happy to provide combined shipping for all U.S. shipping addresses. The discount for combined items is $8.95 per additional item.
INTERNATIONAL SHIPPING: Burnt Chimney Auction Gallery offers packing and shipping services via the United States Postal Service. Our first priority is to deliver your purchase in excellent condition. The shipping amount for International Buyers shall be calculated after the auction has ended and an invoice will be sent. No shipping discounts will be offered to International Buyers. Please note, we are unable to ship firearms to overseas buyers.
Some items are classified as Pick-Up only, as noted in the Item Description Section. Please contact our Customer Service Department, Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. Eastern Standard Time to make arrangements to pick up these items.
An outside shipping company would need to be used for Pick-Up only items. We strongly encourage prospective buyers to obtain shipping quotes prior to bidding. The cost of shipping does not affect the responsibility of winning bidders to make full payment for all items won at auction. If the buyer plans to use a third party to pick up and/or ship their items, it is the sole responsibility of the buyer to contact and make arrangements with that third party.
Below are websites & phone numbers for shipping companies we have previously worked with.
PACKAGING STORE (RICK HAYES)
540 772-0999 or 866 629-7225
www.gopackagingstore.com
Joz Hauling and Transportation:
561-662-8056 or 704-500-6185
Westbrook Moving and Shipping: www.westbrookcorp..com
855-226-6871
Keith Deliveries:
828-432-7510
10. INTERNATIONAL SHIPPING: Please be aware that our shipping rates in the items' descriptions are for domestic addresses only.
11. Auctioneer reserves the right to reject any bid. The highest bidder as determined by the auctioneer shall be the purchaser. In the case of a disputed bid, the auctioneer shall have sole discretion in determining the purchaser and may also, at his or her election, withdraw the lot or re-offer the lot for sale. The auctioneer shall have sole discretion to refuse any bid, or refuse to acknowledge any bidder.
The Auctioneer's decision to refuse any bid, advance the bidding in any manner, withdraw a Lot, determine a successful bidder, continue the bidding, to cancel a sale and re-offer and resell an item in dispute, is conclusive, absolute and final.
12. Bidder agrees that this agreement shall be governed by the laws of the state of Virginia and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Virginia. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register should a dispute arise between Burnt Chimney Auction Gallery and Bidder.
13. Burnt Chimney Auction Gallery may refuse a buyers number to anyone for any reason. Bidder agrees to provide any identification Burnt Chimney Auction Gallery may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.
14. Bidders agree to pay any and all charges and expenses incurred by reason of any breach of terms and conditions of auction in case of default, including, without limitation, reasonable attorneys fee, as well as any dollar deficiencies which may result in the resale of the property and the cost of marketing said property. Additional commissions shall be due and payable.
15. Unless advertised as an "absolute" auction, if the Auctioneer determines that any bid is not commensurate with the value of the article offered, he may reject the same and withdraw the item from the auction and, having acknowledged an opening bid, he decides that an advance is not sufficient, he may reject the advance.
16. The above statement Terms & conditions of Auction cannot be altered except in writing by all parties of the contract or by verbal changes to terms given by Auctioneer at time of auction.
