Auction Terms & Conditions
Use and Registration
A. Curtis Andrew Auction, Inc. (hereafter referred to as the Auction) reserves the right to approve the goods to be accepted and services to be provided to clients in order to maintain its integrity and reputation. The Auction retains the right to cancel or reschedule an auction at any time; to withdraw an item from auction; to sell at auction items not specifically listed; to divide a lot into two or more lots; or to sell items in bulk.
Our services are available to and may be used only by individuals who can legally enter into contracts under applicable law: that means our services are not available to persons under the age of 18
The Auction reserves the right to approve or reject bidders at its sole discretion. If you are registering as a business entity for a bidder’s number, you are representing that you have the authority to bind that business entity to these terms and conditions.
Prior to approval of your application for a bidding number, the Auction may contact you to determine your credit worthiness. If the Auction approves your bid, the Auction will then process your bid in accordance with these terms and conditions.
In the event your bid is accepted, the Auction may contact you to arrange for payment. The Auction reserves the right to process your winning bid on the credit/debit card that you provided during the registration process.
The Auction and/or any staff members shall not be responsible or liable for any typographical, pictorial or technical errors relating to an item or lot or errors regarding information concerning a sale or a no-sale.
The Auction and/or any staff members shall not be held responsible or liable for any human or technical bidding errors, or for internet bidding systems shutdowns that may possibly occur.
The Auction has the right to refuse service or eject any person for obstructing the auction process. The Auction reserves the right to alter or amend these terms by an oral announcement on the date of sale.
The Auction reserves the right to alter or amend the terms of an auction by announcing the change on this web site.
Prior to being permitted to pay by check, a bidder must have the check approved. The Bidder must obtain a current Letter of Credit from their bank addressed to the auction company, A. Curtis Andrew Auction, Inc. The Bank Letter is to include the following: current date, the Bank’s contact name and phone number, the amount of guaranteeing funds, the letter must reference the checking account number and account number must match the check provided by the Bidder, no exceptions.
Consignment Auctions
All consignors must complete the consignor’s contract, sign all related forms, and abide by the Auction’s terms listed. Any item the Auction agrees to sell may be made subject to a reserve. Instructions regarding a reserve must be in writing and the item must be identified on consignor’s contract.
Online Bidding
An online auction requires the bidder to login with their username and password prior to placing a bid. A bidder may specify a maximum bid, and the system will automatically bid until either the item is sold to the bidder for less than the maximum bid or until the maximum bid is reached.
Making a bid with a false name or with an invalid or stolen credit/debit card is illegal and prohibited. Be advised that each bid carries the computer coding of the internet provider. That information allows the individual user to be traced and provides the basis for a potential legal action. The Auction reserves the right to refuse or remove bids placed by a user’s suspected illegal activity.
Bidding at Live Auctions
An Auction employee may bid at a company auction if the employee wishes to purchase an item. If there is any dispute between two or more bidders, the Auction, or its auctioneer, may decide the successful bidder. The decision of Auction or its auctioneer shall be the final and binding on all bidders.
The Auction is not responsible for lost or stolen items. All items are the sole responsibility of the buyer once the auctioneer has confirmed the buyer’s successful bid.
Condition of Items Sold
No deduction will be allowed on damaged items as all goods are exposed for public viewing and are sold “AS-IS” and without recourse.
No allowance will be made or sale set aside due to any error in cataloging or any imperfection not noted, in the advertisement for sale.
The Auction suggests that all buyers preview the goods to be sold and make their own opinion of condition and value of the item or lot.
Buyer’s Premium, Sales Tax & Payment
The Buyer’s premium may vary in percentage for each online auction. Please review the terms and conditions for each online auction to find the buyer’s premium rate for that auction. The Buyer’s premium for the Thursday night consignment live auction is 10%.
Sales tax will be charged and collected on all purchases, as required by the appropriate state/local laws.
Tax exempt buyer(s) must provide current valid Sales & Use Tax License, as required by the appropriate state/local laws.
The Buyer waives the right to dispute or deny payment for a purchase made with a credit/debit card.
No items shall be removed until the item has been paid for. Buyer is responsible for the removal of all items that were purchased and may not abandon the purchased items. Abandoned items will be sold for storage fees.
Pickup and Removal of Items Sold Online
The Auction does not ship or pack merchandise that is sold online. The buyer is responsible for the removal of all items purchased. Buyer shall supply all packing material and all boxes for packing the purchased items. Buyer shall supply all tools required for dismantling an item purchased and shall provide any additional assistance required to move items to their vehicle. All items purchased online must be removed no later than the designated removal time as stated in each online auction’s terms and conditions. If items that are not removed by the designated time those items will be considered abandoned and will be sold for storage.
Delinquent Accounts
If a bidder that has not paid for an item or has not removed an item from the auction site, that person shall be liable for the cost of storage, moving and hauling, deficiency balance, collection fees and any legal fees associated with recouping a loss due to the bidder’s negligence.
Loss of Bidding Privileges
If buyer fails to pay for an item purchased or fails to timely pick-up an item purchased, the buyer’s bidding privileges will be revoked. The buyer’s privileges may be restored by paying for the item or paying the loss of revenue caused by the item not having been sold. Buyer will place a credit/debit card on permanent file and future purchases will automatically be charged to that card.
No Liability
The Auction assumes no liability for your purchase. The buyer assumes and agrees to indemnify and hold the Auction and the seller harmless from any future claim that pertains to fitness or use of the item being purchased. Any person attending a preview, sale or removal of an item assumes the risk of damage or loss to person or property and the buyer specifically releases and indemnifies the Auction from all liability. Neither the Auction nor seller shall be liable by reason of any defect in or condition of the premises where the auction is held.
No Warranties
All information displayed or given by the Auction is believed to be accurate, however the Auction is not be responsible for an incorrect description.
The Auction makes no warranties or representation of any kind with respect to an item or lot, including, but not limited to, the accuracy of the item’s description, attribution, authenticity, authorship, culture, genuineness, origin, period, provenance, quality, source, value, safety or use.
All items and lots are being sold “AS-IS”, “WHERE-IS”, WITHOUT WARRANTY OF ANY KIND and all sales are final.
