ONLINE TERMS & CONDITIONS
Most items auctioned are of considerable age or used and may exhibit wear, usage, repairs and damage. Therefore, all lots are sold "AS IS, and neither we nor the consignor makes any warranties or representations, express or implied, as to the title, merchantability, fitness, or condition with respect to such lots. All statements contained in the catalog or in any bill of sale, invoice, or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. We and the Consignor are not responsible for errors or omissions in the catalog or any supplement material. The purchaser expressly acknowledges and agrees that in no event should A New Day Auctions be liable for any damages including, without limitation, any compensatory, incidental, or consequential damages.
CONDITION OF LOTS: Please read carefully. If you have not examined the item, we recommend you do not bid. Call A New Day Auctions for condition report opinion. We do not refund due to condition. The items sold are often of considerable age or used, and will exhibit wear, usage and damage often not listed in the catalog entry. The absence of condition remarks in the catalog entry DOES NOT mean the item is in perfect condition. Prospective buyers are in ALL CASES responsible for determining the physical condition of lots. No employee or agent of A New Day Auctions is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property. Therefore, if a prospective bidder has not examined the property to their satisfaction before the sale, or his/her agent has not inspected the property, A New Day Auctions recommends that they not bid on the property. All dimensions are approximate.
We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for withdrawal of property.
On site viewing times for Thursday auctions are Wednesday 11am ' 8pm and Thursday Noon- 6pm. Other auctions will have specified viewing times.
All bidders are required to have a bidding number. Bidding numbers will be assigned for on line auctions. There is no charge for a bidding number. All lots will be sold in numerical order according to the printed catalog and approximately 100-130 lots will be offered per hour. When you bid on any item, you are entering into a binding contract.
Bid Increments-Bidding may open above or below the low estimate and advances in the following order, although the auctioneer may vary the bidding increments during the course of the auction. When leaving absentee bids, please make sure your bids fall within the proper increments.
$1 to $40 $2.50
$40 to $100 $5
$100 to $200 $10
$200 to $500 $25
$500 to $1000 $50
** Bidding increments may vary at auctioneer's discretion.
The auctioneer reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder. Internet bidders: A New Day Auctions is providing Internet pre-auction 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 A New Day Auctions or anyone else if the Internet service fails to work correctly before or during the live auction. A New Day Auctions will not be responsible for any missed bids from any source. No sale is final until A New Day Auctions has reconciled the sale and an invoice has been received by Bidder.
On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder thereupon assumes full risk and responsibility, and will pay the full purchase/hammer price plus buyer's premium and any applicable fees such as sales tax at end of auction.
A New Day Auctions undertakes the execution of absentee bids as a convenience for clients and is not responsible for failure to execute bids, or for any error in the execution of bids.
PAYMENT - IMMEDIATE PAYMENT IS REQUIRED. All property purchased must be paid for immediately at conclusion of auction. Payments are to be made in U.S. currency with cash, VISA, Mastercard, Discover, American Express, Approved check, money order, cashier check or PayPal. Invoice amount will be for the winning bid amount plus buyer's premium (10% In-house, 15% absentee bids/phone bids, and 16% Proxibid) and MN sales tax if in MN unless you file an ST-3 tax exempt form with A New Day Auctions. Checks/money orders/cashier's checks/PayPal payments must be received within 5 days or a 2% fee will be charged. Declined checks will be charged a $30 processing fee. Declined credit cards may be charged a $30 processing fee. Credit card on file will be charged immediately at the end of the live auction. Credit card will be charged shipping and handling after items are packaged and shipping amount is calculated (you may see 2 separate charges).
If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments (including deposits) made by the purchaser or (b) resell the property on no notice either privately or at public auction without reserve & in either event the purchaser will be liable for any deficiency in the purchase price & all costs & expenses, including: storage fees, handling charges, the expenses of both sales & our commissions on both sales at our regular rates, all other charges due hereunder, including attorney fees & incidental damages. In addition, a defaulting purchaser shall be deemed to have granted us a security interest in, & we may retain as collateral security for such purchaser's obligations to use, any property, in our possession owned by such purchaser. Payment will not be considered to have been made full until your check has cleared the bank.
The bidder's sole and exclusive remedy is the rescission of the sale and the refund of the original purchase price plus any of buyer's premium made, and is in lieu of any other remedy that may otherwise be available as a matter of law or in equity. A New Day Auctions and the Consignor shall not by liable for any incidental or consequential damages incurred.
All items will be shipped out within 5 business days after the end of the auction & payment has been received. All items will be shipped USPS or UPS, at A New Day Auctions choice. A $6.00 handling & packaging fee per package/box will be charged. Items will be combined for packaging as it is safe to do so & packaging materials are available. Shipping charges plus insurance and handling fee, will be charged to the credit card on file.
NOTE: ALL FURNITURE, LARGER PIECES OF ART, LARGER PIECES IN GENERAL, OVERSIZE ITEMS, HEAVY ITEMS OR HARD TO PACKAGE ITEMS WILL BE OUTSOURCED. WE WILL ASSIST YOU IN THE ARRANGEMENTS. PLEASE CONTACT US FOR INFORMATION.
JEWELRY & WATCHES:
All watches and jewelry are sold as is. 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.
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.
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. Guns will be shipped within 4 days of receipt of these licenses.
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.
Auction may be recorded and broadcast on the internet.
A New Day Auctions is insured and auctioneers Joshua Stevens and Kendra Stevens are licensed and bonded in the state of Minnesota.
These Terms and Conditions of Sale and the purchaser's and our respective rights and obligations hereunder are governed by the laws of the State of Minnesota. By bidding at an auction, each purchaser and bidder agrees to be bound by these Terms and Conditions of Sale. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or validity thereof, brought by or against A New Day Auctions (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by legal action brought in Goodhue County, MN as the sole place for jurisdiction and litigation of any issues between the parties.