Terms & Conditions of Sale
MILLEA BROS. LTD. TERMS & CONDITIONS OF SALE
The property listed in this auction catalog will be offered by Millea Bros. Ltd. (Millea Bros.) as owner or as agent for their consignor(s) subject to the following terms and conditions. Any of the following conditions of sale may be amended, waived, or modified in the sole discretion of Millea Bros. Ltd. By placing a bid, whether present in the saleroom or by any other means, the buyer (bidder, purchaser) agrees to be bound by the following conditions of sale:
1) All property is sold in "as is" condition and all sales are final. Neither Millea Bros. nor their consignor(s) makes any representations or warranties, express or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, age, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. Original provenance documentation depicted in the item listings may be replaced with copies at the auctioneer's discretion. This documentation is provided as a courtesy to the bidder.
2) The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer reserves the right to reject any bid and shall advance the bid at his/her sole discretion. In the event of a dispute between bidders, the auctioneer has absolute discretion to determine the successful buyer or to re-sell the disputed lot. If a dispute arises after the sale, Millea Bros.' record of the successful buyer and final sale price shall be conclusive. Millea Bros. reserves the right to withdraw, combine or divide any lot at any time before bidding commences.
3) The auctioneer has sole and exclusive discretion, and authority to regulate the following bidding increments:
$0 - $100 ................$10
$101 - $500 ..............$25
$501 - $1,000 ............$50
$1,001 - $2,000 .........$100
$2,001 - $5,000 ........$250
$5,001 - $10,000 .......$500
$10,001 - $50,000 .....$1,000
$50,001 - $100,000 ....$2,500
$100,001 - $150,000 ...$5,000
$150,001 - and up ....$10,000
4) Some lots offered for sale may be subject to a reserve, which is a confidential minimum price below which a lot will not be sold. Under no circumstance will a reserve exceed the low estimate of the lot being offered. Consignors are prohibited from bidding on their own property, however, the auctioneer may implement reserves by bidding on behalf of the consignor. If bids on a lot fail to reach the reserve, the lot will be "passed" or "bought-in".
5) Users of third-party internet bidding services shall indemnify and hold Millea Bros. and its consignors harmless against any claim arising out of or resulting from the use of such Internet Bidding Services, including all losses, damages, liabilities, and all fees, including reasonable attorney's fees, costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Millea Bros. and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use Internet Bidding Services.
6) Title of each lot passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder. Thereafter, any loss by fire, theft, breakage, or any other cause is the sole responsibility of the purchaser. Merchandise must be packed and transported by the purchaser at his/her own risk and expense. If any employee or recommended agent of Millea Bros. shall pack or transport the merchandise, it is fully at the risk, responsibility, and expense of the purchaser and Millea Bros. shall not be liable for any loss or damage that maybe caused by such employee or agent. Under no circumstances will Millea Bros.' liabilities to a purchaser exceed the purchase price actually paid.
7) The purchase price of each lot shall be the amount of the successful bid plus a twenty five percent (25%) buyer's premium. Unless exempt by law, all purchases, including buyer's premium, are subject to all state and local taxes applicable at the time of payment.
8) All payments are due immediately upon receipt of invoice. Payments will be accepted by cash, check, or credit card. Property purchased during the auction may not be removed until the full purchase price, including buyer's premium and all applicable taxes, have been paid. Millea Bros. reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Millea Bros. a handling charge of $35 for any check returned for insufficient funds. Any invoice not paid in full within thirty (30) days after the auction may be cancelled and the sale rescinded without further notice to the purchaser.
9) Millea Bros. Ltd. does not ship. Prior to the auction date, all lots will be released to a third-party storage and shipping company, "3 Little Men" in Frenchtown, New Jersey and moved to their warehouse facility without further notice to the buyer. The buyer will then coordinate all shipping, delivery and pickup arrangements with "3 Little Men" directly. Invoices must be paid in full to Millea Bros. before purchased property can be released or collected. 3 Little Men will store merchandise free of charge for a period of up to (10) business days from the final sale date. After that period a one-time $25 handling fee will be assessed and a daily storage charge of $5 per lot/day will commence regardless of lot size or value. You may, of course, use any shipper you wish and no fees will be assessed, providing your purchases are retrieved from 3 Little Men within (10) business days of the auction date.
10) If any applicable conditions contained herein are not complied with by the purchaser, Millea Bros. may, in addition to other remedies available by law; (a) hold the purchaser liable for the total purchase price; (b) retain any payment made by the purchaser, and/or (c) cancel the sale and resell the property without reserve and the original purchaser will be liable for any deficiency and added cost.
NOTE REGARDING ANIMAL MATERIALS
Certain property contained in this catalog may be constructed from, or may incorporate animal materials, and may require a license, permit or certificate for exportation or resale. It is the sole responsibility of the purchaser to obtain appropriate licenses. The sale of a lot will not be canceled if a purchaser cannot obtain the appropriate license, permit or certificate. CITES documents are not provided unless specified in the lot description.
Condition & Additional Images
1.Please Read the Terms and Conditions - Very Important. BY REGISTERING AND ACCEPTING A BIDDER NUMBER, YOU AGREE TO THE TERMS AND CONDITIONS OF SALE AS STATED BELOW. The Terms and Conditions of Sale should be taken seriously before Bidding. Our terms are very clearly listed and are non negotiable and legally binding.
1(a) Please ask questions about items before you bid. All items are sold as is/where is. (This means there is no guarantee...buyer beware). Please pay within 7 days of the auction (if this is not possible, please do not bid). Our terms are very clearly listed and are non negotiable, please take the time to read them because they are legally binding.
(b)The catalog and descriptions is meant to be a guideline only. Buyer should use personal discretion and consider errors. Absolutely no returns or refunds.
2. No Guarantees, No Refunds and No Exchanges. Terms are final and will be enforced. . All items are sold without warranty, express or implied as to size, count, weight, authenticity, period, material, origin, manufacturer or omission. We do our best to provide accurate descriptions but are subject to error. The absence of condition statement does Not imply that the lot is in perfect condition, or completely free from wear and tear, imperfections or the effects of aging. Note: For mechanical items, assume that they are not working, we cannot guarantee a mechanical item. The information provided is only as a courtesy and is subject to error and/or change or deletions. Purchasers should satisfy themselves as to the condition, quality and description of item before bidding. No statement contained in catalog or orally at the sale or elsewhere shall be deemed to be such a warranty or representation of an assumption of liability on behalf of Atlanta Auction Co.
2(a) Buyer is cautioned to use the preview to closely examine all merchandise and to use his/her best judgment. If buyer cannot attend perhaps an agent should preview items on your behalf.
2(b) Title transfer to the customer at the fall of the auction hammer and is subject to the provisions listed herein. From that moment on, Auctioneer will accept no returns. Please be sure you are bidding on the correct item and have done your examinations prior to the auction. Pay close attention, the auction moves quickly and you can easily lose a bid by not acting quickly.
2(c) Atlanta Auction Company will not be responsible for bids placed in error.
3. Auctioneer reserves the right to refuse any and all bids at his sole discretion whether or not a reserve is in place and will be the sole arbiter of any dispute. The auctioneer, if he chooses, may re-offer a disputed lot. The winning bidder is determined by the auctioneer only.
4. Atlanta Auction Company will execute bids that are submitted prior to the auction for absentee bidders. Bids are executed for the convenience of the absentee bidder. Atlanta Auction Company will not be held responsible for failing to execute the bid or for any errors relating to the execution of the bid including Internet failure.
5. PAYMENT: (upon receipt of Invoice from Atlanta Auction Company - Buyer is to Call Atlanta Auction Company. A Buyers Premium of 18% will be added to the hammer price of each lot paid. You Must Call us upon receipt of your Invoice We Do Not Have a Copy of Your Credit Card Information. (We do not accept Pay Pal or Diners Card).
6. Shipping & Insurance will be added to the Invoice AFTER the Credit Card is provided to Atlanta Auction Company as a Secondcharge to the credit card.
7. The Steps to Payment Are:
1. Winning Bidders are Invoiced the Monday after the Sale. This amount includes the Price of the Item, plus 18% Buyers Premium, . (no shipping is added at time of initial invoice).
Upon Receipt of your Invoice on Monday - Call us at 770.331.9180 or 770.330.4863. (We do not have your credit card information).
2. Insure that your email address is correct. (remember to check the Junk File for receipt of invoice).
3. Call Atlanta Auction Company upon receipt of the invoice to provide credit card information (WE DO NOT HAVE YOUR CREDIT CARD INFORMATION). We do not accept or work with PayPal. Call 770.331.9180 or 770.330.4863. (Invoice payment is due immediately upon receipt.).
4.Please Read This Paragraph - It is Important
Note: Unpaid Items (over 7 Days Post Auction) will be sold for storage fees and Bidder Will Still Owe the Entire Amount of the Invoice Plus Shipping & Insurance. Bidder will be reported to Auction Zip.
5. All items will be shipped by FED-X to buyers within 10-15 Days days after credit card payment is received and deposited in auction company Escrow account. No refunds or exchanges of any kind and No Exceptions. We reserve the right to hold shipment until payment has cleared.
6. Shipping: Items will be shipped and the cost of shipping & Insurance will be added to the invoice. If damage occurs from shipping it will be the responsibility of the buyer to file a report with FED-X for damages. Georgia Sales Tax Will Not be charged for Items Shipped.
7. All Buyers must remove items purchased. Atlanta Auction Company will assist buyers in delivery or shipping of purchases at buyers expense. Purchases must be paid for immediately and removed from the premises with one week of sale date. Buyers are responsible for the payment of items regardless of lack of pickup. Purchased items paid for but left at the Auction for over 7 days from Auction Date will be sold for storage fees. No Exceptions.
8.Guns:
No guns will be shipped until all Federal Background checks have been complete and approved. We have no control over how long the process will take. Recently, the time frame has been lengthy.
You must pay for all guns purchased at end of auction. Note: It may take up to 5 weeks to receive a gun.
9. This auction may contain items that have a reserve amount. Auction house reserves the right to "Pass" on the lot if it does not meet the reserve amount. Once the reserve amount has been met or exceeded the item will be sold to the highest bidder.
10.. Lots with multiple items in the lot may not have detailed information on everything. You may need to send a representative or attend the auction yourself to be certain that the item and/or items are everything you thought they were. (Remember -Everything is sold as-is, where-is with no guarantees). No Exceptions.
11. If items are not paid for in a timely fashion (within 7 days of the sale), you will be reported as a "non-paying bidder. No exceptions. We also will submit your past due invoice to our collection agency for payment after 30 days and all collection cost will be added to your invoice.
12. Upon the Auctioneer announcing "Sold", title to the property will immediately pass to the highest bidder acknowledge by the Auctioneer. Once title to the property has passed to the highest bidder, such bidder (a) assumes all risks and responsibilities (b) will pay the full purchase price plus fees for insurance and shipping and buyers premium.
13. Some lots may have a low and high estimate which represents a general range of estimated value. Estimates are subject to revision. Actual prices realized for items can fall below or above this "estimate range". An estimate of the selling price Should Not Be Relied Upon As A Statement That This Is The Price At Which The Item Will Sell Or Its Value Guarantee Of Any Kind or For Any Other Purpose/Appraisal.
14. Atlanta Auction Company reserves the right, and complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid. Atlanta Auction Company also reserves the right to refuse to acknowledge any bidder. The highest bidder acknowledges by the auctioneer will be the purchaser. The auctioneer has the right at his absolute and sole discretion to advance the bidding in such a manner as he may decide; he may withdraw a lot or may divide any lot or combine a lot or lots. In the event of error or dispute between bidders, or in the event of doubt on our part as to the validity of any bid whether during or after a sale, the auctioneer has the final discretion to determine the successful bidder, to continue the bidding, to cancel the sale, or to re-offer and re-sell the lot in dispute. If any dispute arises after the sale, the Atlanta Auction Company sale record shall be conclusive.
15. Live Internet bidding is available during the auction, however, Atlanta Auction Company cannot be held responsible for the Live Internet Bids that are not sent, received or executed by administrator. We accept bids from the floor gallery, by left bid, by phone bid and online. You may place an absentee bid online and still not prevail when the selling price is the same or, in some cases, lower than the winning bid. The reason for this is the auctioneer takes bids from where he/she sees them first. A person (live in the same room) relays the internet bids to the auctioneer and sometimes the auctioneer will see one of the other bids (gallery, phone or gallery absentee) first. If the online record of an auction shows the online bidder at the top of the bids, but has a floor bidder at the same price THE FLOOR BID BOUGHT IT. This occurs at every live auction where internet bids are handled and usually several times every auction. THE FACT THAT IT SAYs ONLINE THAT THE "EARLIER BID TAKES PRECEDENCE IS ONLY TRUE FOR BIDS PLACED ON LIKE "EBAY" BUT NOT FOR A REAL LIVE AUCTION". The auctioneer in a live auction DOES NOT KNOW YOUR TOP BID and, in fact, doesn't know whether your bid is absentee or in real time. Also, be advised, that some bids may be delayed due to the data transmission (and human transmission) so that the auctioneer does not recognize a bid from the internet. (This also tends to happen quite frequently and we have no control over. Your only guarantee is to be in the room bidding . The auctioneer is the final determination on who is the winning bidder and Not the Internet Clerk or Online Record of Bids.
If you purchase any firearms, you must provide a valid Federal Firearms License faxed to 770-237-9276 before we can ship your item(s). If you do not have a valid Federal Firearms License, the firearms must be shipped to a person or store that has a valid Federal Firearms license. NO EXCEPTIONS!!!!!!!!! If you can not provide this information for firearms, then don't bid on any firearms..
All items are shipped Fed-x ground, if you want your items shipped quicker than ground additional charges will be added to you invoice.
Thanks for your compliance.
These terms and conditions apply to all registered bidders on line and in-house bidders. No Exceptions.
Absolutely no firearms will be shipped outside of the United States of America......
16. To be Tax Exempt you must have a current Tax Exempt Certification on file at the time of auction. Only Tax Exempt Certifications for resale for the type of product will be accepted.
17. Bidders must register to bid at auction and must be of the age of 18 years or older.
18. All previous announcements made on auction day take precedence over any and all prior advertisements or announcements.
19. Children under the ag of 12 must be accompanied at all times by an adult during preview or auction.
20. Returned checks will have a $50.00 service fee charge. Invoice must be paid immediately in cash upon occurrence.
21. Consignors of items are not permitted to bid on any of their consigned items.
22. Atlanta Auction is not responsible for any accidents of any kind during an auction or preview or while on auction property.
23. Any theft of items at auction will be reported to Law Enforcement immediately.
24. Absolutely to "Tie Bids" at any auction conducted by Atlanta Auction Company. Auctioneer has right to refuse bid from anytime for any reason.
