All Property and every lot for sale in our catalog is offered subject to the following terms and conditions, along with any changes that may be published or announced prior to or during a sale by Greg Martin Auctions. The terms "Martin" "us," "we," or "our" as used herein all refer to Greg Martin Auctions. Unless otherwise indicated, in the catalog or at time of sale, we act at all times solely as the agent for the seller. By registering to bid at auction, in person, through an agent, by absentee bid, telephone or any other means including the Internet and e-mail, you agree to be bound by these Conditions of Sale (and any changes as noted above.) All sales shall be deemed to occur in California regardless whether by telephone, mail or through the Internet or the physical location of the Buyer.
A. Hammer Price - The purchase price paid for a lot upon the fall of the auctioneer's hammer.
B. Buyer's Premium - The amount paid by the buyer as a percentage of the hammer. (Seventeen and one half percent [17.5%])
C. Purchase Price - The aggregate of the hammer, buyer's premium and applicable taxes or other fees, if any, as may be required by law.
D. Reserve - The minimum price at which the lot is to be sold.
E. Buyer - The person or entity who buys property at auction or private sale.
F. Consignor - The seller or the seller's representative on behalf of whom we are selling the Property.
G. Lot - The single item or group of items offered by us for sale.
H. Property - The item or items comprising an auction lot being offered for sale.
The Buyer shall pay a Buyer's Premium of seventeen and one half percent [17.5%] of the Hammer price, which shall be retained by us.
TERMS OF SALE
a. The Purchase of and Payment for Property
The sale of a lot shall be to the highest bidder as determined by the auctioneer, in accord with these Conditions of Sale. Title to the lot shall pass with the fall of the Auctioneer's hammer. Buyer shall pay the Purchase price in full within fourteen (14) days of invoice issuance. Sales not paid for in that time frame will be cancelled. Sale is not final until good funds for all amounts due, are collected by us. Payment may be made in
2. by wire transfer
3. by money order or other guaranteed funds
4. by personal check.
5. by any major credit card
No lot shall be transferred by Buyer to another person until the sale is final. Purchased Property will not be released until all payments due are made and the sale is final. In the event of partial payment for any lot or lots we shall apply payments, in our discretion, to the lot or lots we select. The Buyer grants us a security interest in the purchased Property, and we may retain as collateral any Property purchased and any funds in our possession, to secure a Buyer's obligations to us, if any. We retain the rights of a secured party under the California Commercial Code. All fees, taxes, premiums or others sums due and not paid pursuant to this paragraph shall bear interest at 1.5 % per month from the 8th day following the sale to the date paid in full.
b. Collection of Property
Upon transfer of title, Buyer assumes full responsibility, including risk of loss and damage, for the Property. Purchased Property shall be removed at Buyer's expense within fifteen (15) days after the sale becomes final. Property not removed shall be subject to a service fee of $50, and a storage fee, if retained by us, of 1% of the purchase price per month. We may also, in our sole discretion, elect to place the Property in a public storage facility, at the Buyer's sole risk and responsibility. If, however, for any reason, we are unable to deliver the purchased Property to you, we shall be liable to the Buyer only for the Purchase price paid by the Buyer and in no event shall we be liable for incidental or consequential damages, including, but not limited to, business interruption or profit losses.
THE AUCTION PROCEDURE
You must register in advance to bid at auction, if by mail or Internet by complying with and signing the requisite form or absentee bid; or by pre-registration to telephone bid or by pre-registering at the desk and obtaining a bidding paddle. The auctioneer may refuse to recognize any person not registered and having a paddle number.
We may, at the commencement of, or during the Auction, announce any changes in or modifications to the Conditions of Sale or descriptions of Property.
c. Absentee Bids
For a Buyer's convenience, absentee bids will be accepted, when properly executed and submitted in a timely manner, however, we neither accept responsibility to you nor any liability whatsoever for a failure to execute the absentee bid for any reason.
d. Auctioneer's Discretion
The Auctioneer has the absolute discretion to 1) pass a lot or withdraw it from sale at any time prior to its actual sale; 2) refuse to recognize any bidder; 3) refuse to recognize any bid; 4) resolve any dispute between bidders or resolve any doubtful bid by deciding who is the successful bidder or nullifying the auction of the lot and reoffering it for sale. The Auctioneer's decision is binding as to disputes arising at auction. If a dispute arises post sale, our records of the sale shall be conclusive. Both the Auctioneer and Martin shall be without any liability whatsoever resulting from the exercise of the discretion referred to herein.
All Property is offered for sale subject to a Reserve unless otherwise stated by us. We may protect the reserve by initial or continued bidding on behalf of the consignor. We may also bid on Property to protect any economic interest (other than commissions) that we may have in the Property. Unless otherwise announced, NEITHER THE CONSIGNOR NOR AN AGENT OR REPRESENTATIVE OF THE CONSIGNOR IS ALLOWED TO BID ON THEIR OWN PROPERTY.
DISCLAIMER OF WARRANTIES
Except for warranty of title, all Property is sold "as is." Neither we nor the Consignor make any warranties, guarantees or representations, express or implied, with respect to the Property, including, but not necessarily limited to, any implied warranty of "fitness of for purpose" or "merchantability." Any and all statements and descriptions in any catalog or elsewhere by us, relating to age, attribution, authenticity, size, genuineness, provenance, historical relevance or significance, physical condition, importance, quality, quantity, rarity, period, culture, source or origin, are presented as qualified opinion only.
Our disclaimer of liability covers information contained in catalogs, and all other printed material published by us, including condition reports. Buyers assume the responsibility to inspect the Property and make their own decision as to the nature, quality and value of the Property. Neither we nor the Consignor make any warranty or representation with regard to the existence of or the transfer of intellectual property rights, except and to such extent as may from time to time be explicitly stated. No employee of ours is authorized to nor shall make any warranty or representation on our behalf, in any form, about any Property.
ESTIMATES OF VALUE
All estimates of value as published in our catalogs or elsewhere are statements of the range of the price a willing Buyer might pay for the Property at auction. The actual price paid at auction or subsequently, may vary substantially from the estimates. We shall not be liable for any such differential.
If a Buyer fails to pay for purchased Property, or otherwise does not comply with these Conditions of Sale, the Buyer shall be in default. In addition to all remedies available in law, to us and to the Consignor, the Buyer shall be liable for the entire Purchase price. Additionally, at our option, we may either cancel the sale and retain all payments made by Buyer as well as retain any and all Property of Buyer in our possession as security against payment of the sums in default; or we may re-offer the Property for sale, at auction or privately, without reserve. Buyer shall be liable to us and the Consignor for the additional fees, commissions and costs on both sales (including handling, storage and court and attorney's fees) resulting from the cancellation or resale of the Property and in the event of resale, any deficiency which may result.
The sole and exclusive remedy, available only to the original Buyer, is the limited right of rescission set forth herein. We will cancel the sale of Property if you establish to our satisfaction that there has been a breach of the Consignor's warranty of title, or that the identification of Authorship* of the Property as set forth in Bold Type Heading is not substantially correct, based on a fair reading of our catalog (as may be amended by posted or announced changes.) IN ALL INSTANCES, YOU MUST GIVE WRITTEN NOTICE TO US WITHIN SIX (6) MONTHS OF THE SALE OF THE PROPERTY, SETTING FORTH THE BASIS FOR YOUR CLAIM AND, AT YOUR SOLE EXPENSE AND RISK, RETURN THE PROPERTY IN QUESTION TO US WITHIN SEVEN (7) DAYS AFTER NOTICE IS GIVEN AND IN THE SAME CONDITION AS WHEN SOLD. Upon review of your claim and the Property, if we are satisfied with the grounds for your claim and the Property is in the same condition it was in when sold, we will rescind the sale and return to you the Purchase price, unless we have already remitted funds to the Consignor. In that event, and at our sole discretion, we shall either pay you as provided above, or shall pay you only that portion of the Purchase price retained by us (the commission and the buyer's premium) and on your behalf make demand on the Consignor for the balance and upon receipt of the funds remit same to you. Should the Consignor refuse to return the funds to you or to us, we shall disclose the Consignor's identity and assign to you any and all rights we may have against the Consignor. Any and all liability we may have as agent for the Consignor shall there upon terminate. BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT WE SHALL HAVE NO OTHER LIABILITY TO THE BUYER EXCEPT FOR THE RETURN OF THE PURCHASE PRICE AND THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR COMPENSATORY DAMAGES OR LOSS OF PROFIT OR BUSINESS OPPORTUNITY. Unless determined to be a forgery, the sale of Property created prior to 1870 shall not be subject to the right of rescission.
*Authorship refers to the maker or creator of the Property, and the period, social culture, and origin of the Property as stated in the Bold Type Heading for a given lot in our catalog. It does not refer to the descriptions which may be contained in the information below the Bold Type Heading.
a. Modification: No modification or amendment of the Conditions of Sale shall bind us unless contained in a writing signed by us, except as may be posted or published as noted above or verbally announced at time of sale.
b. Severability: If, for any reason, any part of the Conditions of Sale is held to be invalid or unenforceable, the remaining portion shall be valid and enforceable.
c. Successors and Assigns: The Conditions of Sale shall be binding on all the heirs and assigns of the Buyers and bidders and inure to the benefit of our successors and assigns.
d. Jurisdiction, Venue, Choice of Law: Dispute resolution shall occur in San Francisco California, USA. The provisions of the Conditions of Sale will be construed and disputes determined by application of California Law.
e. Notice, Service of Process: Buyers agree to accept all notices and service of process relating to dispute resolution at the address provided by Buyer on any registration forms required to be executed as a condition of bidding in our auction.
f. Dispute Resolution: All disputes and claims arising out of or relating to events and actions covered herein, brought by or against us, shall be resolved by mediation or binding arbitration in accord with the procedures set forth below. This provision does not apply to claims brought by the Buyer directly against the Consignor, including, but not limited to any action brought pursuant to the rescission provisions noted above.
g. California buyers who are not dealers are to provide the documentation/demonstration required by the BATF & DOJ for all purchases made. The documents include, but are not limited to a California drivers license (or government issued ID card), proof of residence, handgun safety certificate (HSC), a thumbprint impression as well as a safe handling demonstration with the handgun that is being purchased. A DOJ certified instructor is available for this demonstration. If you have any questions regarding these requirements, please contact our office prior to your purchase for the required additional information.
h. Asterisk (*)
* One asterisk denotes both a Modern and a Curio / Relic firearm. Both Modern and Curio / Relic longarms and hand guns require state and federal registration, fees will apply. For detailed information please call (949) 748-4848.
** Two asterisks denotes a modern firearm which requires both state and federal registration. These guns are manufactured after 1955. Please contact our office for the specific requirements prior to bidding.
*** Three asterisks donotes a lot that is restricted from sale to residents of the State of California or requires buyers to have special Federal licenses to purchase. Lots will be transferred and delivered through our New Hampshire affiliated licensee. Prior to bidding, please consult our office should you require any additional information.
i. GMA will extend free domestic shipping and handling for all firearms purchases of $25,000 and above. The buyer is responsible for the shipping and handling of all non-firearm purchases.
j. INTERNATIONAL SHIPMENTS. All buyers requiring shipment of their purchases outside of the United States are responsible for obtaining the necessary permits and licenses in order to import the property into your country. GMA does not ship property outside of the United States, but can recommend an exporter or shipper to handle the shipment, depending upon whether the lot is a modern or antique firearm. All costs are the responsibility of the buyer. GMA is not able to determine what countries will allow the importation of firearms, whether antique or modern. Buyers should obtain this information prior to bidding at auction as GMA will not cancel a sale due to the inability of the buyer to obtain the proper documentation in order to export/import the property.
MEDIATION AND ARBITRATION PROCEDURES
(a) Within 30 days of written notice that there is a dispute, the parties or their representatives may meet at a time and place mutually agreed upon, to mediate their differences. If the parties agree, a mediator acceptable to the parties shall be selected. The mediator shall be an attorney, trained in mediation techniques and familiar with commercial law and the California Uniform Commercial Code (UCC). The mediator's fees shall be shared equally and paid by all parties. At the mediation, all parties shall have actual authority to settle the dispute. Any statements made during, and all aspects of, the mediation process shall be kept confidential and shall not be admissible in any subsequent arbitration or judicial proceeding. Any resolution shall be confidential.
(b) If the parties cannot agree to mediation, or if mediation does not resolve the dispute, or in any event no longer than 60 days after receipt of written notice referred to above, the parties shall submit the dispute for binding arbitration before a single neutral arbitrator jointly selected, or absent agreement, selected from the panel of Arbitrators provided by the American Arbitration Association (AAA). If, within 15 days, the parties cannot agree on an arbitrator, then AAA shall select one (1) person as arbitrator in accord with AAA rules. The arbitrator shall be an attorney, experienced in commercial law and with the UCC. The arbitrator shall be required to follow the law in making his award, and the award shall be in writing and shall set forth findings of fact and legal conclusions.
(c) The arbitration shall occur within 60 days of the selection of the arbitrator, in either San Francisco, California, unless the parties agree to another location. Discovery and the procedure for the Arbitration shall, unless otherwise agreed to by the parties, follow the procedures and policies of AAA governing commercial arbitration, subject however to the following modifications:
1. All arbitration proceedings shall be confidential. None of the parties nor the arbitrator, may disclose the existence, content or results of the arbitration without the written consent of all parties.
2. The parties shall attempt to agree on the issues to be arbitrated, or identify the disputed issues in writing no later than 45 days prior to arbitration.
3. Unless otherwise agreed by the parties, discovery, if any, shall be limited as follows:
(a) Requests for no more than 10 clearly identified categories of documents, to be provided to the requesting party within 14 days of written request therefore;
(b) Depositions: No more than two (2) per party, provided however, the deposition(s) are to be completed within one (1) day;
(c) Compliance with the above shall be enforced by the arbitrator in accord with California law.
4. Each party shall have no longer than eight (8) hours to present its position. The entire hearing before the arbitrator shall not take longer than three (3) consecutive days, unless all parties agree otherwise in writing. The award shall be made in writing no more than 30 days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Each party shall bear its own attorney's fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.
GMA makes every effort to prepare thorough descriptions of property offered for sale. When characteristics of historical or cultural aspect, or relating to provenance are referred to in descriptions as "attributions" "attributed to" or "alleged," it is because we are unable to thoroughly confirm the particular aspect, history or provenance in question. Reference to "inscription" or "inscribed" without additional information, indicates only the fact of the inscription described and not ownership.